State Sport Centres Legislation Amendment Act 2022 (Vic)
State Sport Centres Legislation Amendment Act 2022
No. 41 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of State Sport Centres Act 1994
3Purposes
4Definitions
5Functions of Trust
6Minister must approve carrying out of certain functions
7Section 22 amended
8New section 23A inserted
9Section 26AA repealed
10State Netball and Hockey Centre Advisory Committee
11New Division 3A of Part 3 inserted
12State Sports Centres Fund
13Sections 28A and 28B repealed
14Business plan
15Regulations
16By-laws
17New section 41 inserted
18New Schedules 4 and 5 inserted
Part 3—Amendment of Melbourne and Olympic Parks Act 1985
19Definitions
20Part 10 of the Schedule substituted
Part 4—Amendment of other Acts
Division 1—Australian Grands Prix Act 1994
21Definitions
22Corporation not to undertake works without a licence
23Roads
24Declared area to be restored to reasonable condition
Division 2—Albert Park Land Act 1972
25Committee of management may grant certain leases
26Schedule amended
Division 3—Major Events Act 2009
27Definitions
28Temporary closure of roads
29Temporary modification of roads
Part 5—Repeal of this Act
30Repeal of this Act
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Endnotes
1 General information
State Sport Centres Legislation Amendment Act 2022
No. 41 of 2022
[Assented to 6 September 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the State Sport Centres Act 1994—
(i)to provide for the State Sport Centres Trust to manage and operate the Knox Regional Sports Park and the Lakeside Stadium; and
(ii)to provide for the State Sport Centres Trust to manage the Knox Regional Sports Park land and the Lakeside Oval Reserve land; and
(iii)to make other miscellaneous amendments to that Act; and
(b)to amend the Melbourne and Olympic Parks Act 1985 in relation to the excision of a parcel of land from the national tennis centre land; and
(c)to make consequential amendments to other Acts.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
Part 2—Amendment of State Sport Centres Act 1994
3Purposes
For section 1(e) and (f) of the State Sport Centres Act 1994 substitute—
"(e)to provide for the management, promotion, operation and use of—
(i)the Knox Regional Sports Park; and
(ii)the Lakeside Stadium; and
(iii)the State Netball and Hockey Centre;
(f)to provide for the use of—
(i)the Knox Regional Sports Park land; and
(ii)the Lakeside Oval Reserve land; and
(iii)the State Netball and Hockey Centre land;".
4Definitions
In section 3 of the State Sport Centres Act 1994 insert the following definitions—
"Knox Regional Sports Park means the facility or facilities for the purposes of sporting, education, recreational, social, entertainment and related purposes constructed on the Knox Regional Sports Park land;
Knox Regional Sports Park land means the land shown in the plan in Schedule 4, being Crown Allotment 2287 on the plan numbered OP124603 lodged in the Central Plan Office;
Lakeside Oval Reserve land means the land shown in the plan in Schedule 5, being Crown Allotment 2343 on the plan numbered OP123110 lodged in the Central Plan Office;
Lakeside Stadium means the facility or facilities for the purposes of sporting, education, recreational, social, entertainment and related purposes constructed on the Lakeside Oval Reserve land;
State Sport Centres means the following—
(a)the Knox Regional Sports Park;
(b)the Lakeside Stadium;
(c)the Melbourne Sports and Aquatic Centre;
(d)the State Netball and Hockey Centre;
State Sport Centres land means the following—
(a)the Knox Regional Sports Park land;
(b)the Lakeside Oval Reserve land;
(c)the Melbourne Sports and Aquatic Centre land;
(d)the State Netball and Hockey Centre land;".
5Functions of Trust
In section 6 of the State Sport Centres Act 1994—
(a)in paragraphs (b), (c) and (d), for "Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre" substitute "State Sport Centres";
(b)in paragraph (da), after "management of" insert "the Knox Regional Sports Park land and";
(c)in paragraph (dab), after "management of" insert "the Lakeside Oval Reserve land and".
6Minister must approve carrying out of certain functions
In section 6B of the State Sport Centres Act 1994, for "Melbourne Sports and Aquatic Centre, the State Netball and Hockey Centre, the Melbourne Sports and Aquatic Centre land or the State Netball and Hockey Centre land" substitute "State Sport Centres or the State Sport Centres land".
7Section 22 amended
(1)Insert the following heading to section 22 of the State Sport Centres Act 1994—
"General management powers of Trust".
(2)For section 22(c) and (d) of the State Sport Centres Act 1994 substitute—
"(c)charge fees for entry to the State Sport Centres or any part of the State Sport Centres land or for the use of any facilities or services at the Centres or on the land;".
8New section 23A inserted
After section 23 of the State Sport Centres Act 1994 insert—
"23A Management powers over additional land
If the Trust is appointed as a committee of management under the Crown Land (Reserves) Act 1978 over any land, then—
(a)despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Trust may exercise its powers and functions under this Act (other than section 25) in relation to that land as if it were State Sport Centres land; and
(b)to the extent that there is any inconsistency between the powers and functions of the Trust under this Act and the Crown Land (Reserves) Act 1978 or any regulations made under that Act, this Act prevails.".
9Section 26AA repealed
Section 26AA of the State Sport Centres Act 1994 is repealed.
10State Netball and Hockey Centre Advisory Committee
(1)In section 26D(2) of the State Sport Centres Act 1994—
(a)for "The State Netball" substitute "Subject to subsection (2A), the State Netball";
(b)for paragraph (a) substitute—
"(a)a person nominated by the Trust, being a member of the Trust;".
(2)After section 26D(2) of the State Sport Centres Act 1994 insert—
"(2A)The chief executive officer of the Trust is a member of the State Netball and Hockey Centre Advisory Committee.".
11New Division 3A of Part 3 inserted
After Division 3 of Part 3 of the State Sport Centres Act 1994 insert—
"Division 3A—Knox Regional Sports Park land and Lakeside Oval Reserve land
26FAKnox Regional Sports Park land and Lakeside Oval Reserve land
(1)Despite anything to the contrary in any Act or any regulations made under the Crown Land (Reserves) Act 1978, that part of the land reserved by Order in Council published in the Government Gazette on 4 December 2001 that is the Knox Regional Sports Park land may be used for—
(a)the purposes of sporting, education, recreational, social or entertainment activities; or
(b)purposes connected with the purposes in paragraph (a); or
(c)the erection of buildings or structures or the carrying out of works for those purposes.
(2)Despite anything to the contrary in any Act or any regulations made under the Crown Land (Reserves) Act 1978, that part of the land reserved by Order in Council dated 21 March 1876 that is the Lakeside Oval Reserve land may be used for—
(a)the purposes of sporting, education, recreational, social or entertainment activities; or
(b)purposes connected with the purposes in paragraph (a); or
(c)the erection of buildings or structures or the carrying out of works for those purposes.
26FBTrust to manage Knox Regional Sports Park land
(1)This section applies subject to section 41(1)(a).
(2)The Trust is responsible for the care, protection and management of the Knox Regional Sports Park land.
(3)On the commencement of the State Sport Centres Legislation Amendment Act 2022—
(a)the appointment of any committee of management of that land under the Crown Land (Reserves) Act 1978 is revoked to the extent that it relates to the Knox Regional Sports Park land; and
(b)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
26FCTrust to manage Lakeside Oval Reserve land
(1)The Trust is responsible for the care, protection and management of the Lakeside Oval Reserve land.
(2)On the commencement of the State Sport Centres Legislation Amendment Act 2022—
(a)the appointment of any committee of management of that land under the Crown Land (Reserves) Act 1978 is revoked to the extent that it relates to the Lakeside Oval Reserve land; and
(b)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
26FDPowers to enter into leases
(1)The Trust may grant a lease of the Knox Regional Sports Park land or any part (including a stratum) of that land for any of the purposes described in section 26FA(1).
(2)The Trust may grant a lease of the Lakeside Oval Reserve land or any part (including a stratum) of that land for any of the purposes described in section 26FA(2).
(3)The Trust may only grant a lease under subsection (1) or (2) with the approval of the Minister.
(4)The Minister must not approve the granting of a lease under subsection (1) or (2) unless the Minister is satisfied that, to the extent that the lease applies to a stratum of land—
(a)the lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and
(b)the granting of the lease will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and
(c)provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and
(d)provision has been made (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and
(e)if the surface of the land above the stratum is a road, the exercise of any of the lessee's rights or obligations under the lease will not interfere with the public use of that land as a road.
(5)A lease granted under subsection (1) or (2) may be for a term not exceeding 50 years.
(6)A lease granted under subsection (1) or (2)—
(a)may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 50 years; and
(b)may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and
(c)is subject to any covenants, exceptions, reservations and conditions that are determined by the Trust and approved in writing by the Minister.
(7)This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.
26FEPower to grant licences over Knox Regional Sports Park land or Lakeside Oval Reserve land
(1)The Trust may grant a licence to enter and use any part (including a stratum) of the Knox Regional Sports Park land or any building on that land for any of the purposes described in section 26FA(1).
(2)The Trust may grant a licence to enter and use any part (including a stratum) of the Lakeside Oval Reserve land or any building on that land for any of the purposes described in section 26FA(2).
(3)The Trust must not grant a licence under subsection (1) or (2) unless the Trust is satisfied that, to the extent that the licence applies to a stratum of land—
(a)the licensee for the time being under the licence can obtain reasonable access to and use of the land to be licensed; and
(b)the granting of the licence will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and
(c)provision has been made (in the licence or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and
(d)provision has been made (in the licence or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and
(e)if the surface of the land above the stratum is a road, the exercise of any of the licensee's rights or obligations under the licence will not interfere with the public use of that land as a road.
(4)A licence granted under this section—
(a)may be for a period not exceeding 50 years; and
(b)is subject to the terms and conditions determined by the Trust.
(5)This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.".
12State Sports Centres Fund
For section 28(2) of the State Sport Centres Act 1994 substitute—
"(2)There must be paid into the State Sports Centres Fund—
(a)all money received by or paid to the Trust in respect of the State Sport Centres or the State Sport Centres land; and
(b)all money received by or paid to the Trust in respect of any other sports, recreation and entertainment facilities or services (other than State Sport Centres) managed or operated by the Trust; and
(c)all money required or authorised by or under this Act or any other Act to be paid into the Fund; and
(d)any income received by the Trust from the investment of moneys in the Fund.
(3)Money in the Fund may be applied only—
(a)in payment or discharge of the debts and liabilities of the Trust in, or in connection with, the performance and exercise of the functions and powers of the Trust in relation to—
(i)the State Sport Centres or the State Sport Centres land; and
(ii)any other sports, recreation and entertainment facilities or services (other than the State Sport Centres) managed or operated by the Trust; and
(b)in payment of the costs of the management of the State Sport Centres or the State Sport Centres land or the provision of services at the Centres or on that land, including the costs of employing and engaging people for the purposes of managing and operating the Centres and that land or the provision of services at the Centres or on that land; and
(c)in payment of the costs of the management of any other sports, recreation and entertainment facilities or services (other than the State Sport Centres) managed or operated by the Trust or the provision of services at those facilities, including the costs of employing and engaging people for the purposes of managing and operating the facilities or the provision of those services; and
(d)in payment of any other amount—
(i)authorised or required to be paid out of the Fund under this Act; or
(ii)agreed to by the Trust and the Minister to be paid out of the Fund.".
13Sections 28A and 28B repealed
Sections 28A and 28B of the State Sport Centres Act 1994 are repealed.
14Business plan
In section 30 of the State Sport Centres Act 1994—
(a)in subsection (1), for "separate business plan for the Melbourne Sports and Aquatic Centre and for the State Netball and Hockey Centre" substitute "business plan for the State Sport Centres";
(b)in subsection (2), for "each" (where first occurring) substitute "the";
(c)in subsection (3), for "Each" substitute "The";
(d)in subsections (4) and (5), for "each" (wherever occurring) substitute "the";
(e)in subsection (6), for "A plan, or any part of a plan" substitute "The plan, or any part of the plan".
15Regulations
In section 32(1) of the State Sport Centres Act 1994—
(a)for paragraph (a)(i) and (ii) substitute—
"(i)the State Sport Centres and the State Sport Centres land; and";
(b)for paragraph (b)(i) and (ii) substitute—
"(i)at the State Sport Centres or on the State Sport Centres land; or";
(c)for paragraph (c) substitute—
"(c)the protection of people in the State Sport Centres or on the State Sport Centres land from injury or nuisance;";
(d)for paragraph (e)(i) and (ii) substitute—
"(i)the State Sport Centres or the State Sport Centres land; or".
16By-laws
In section 33(1) of the State Sport Centres Act 1994—
(a)for paragraph (a)(i) and (ii) substitute—
"(i)the State Sport Centres or any part of the State Sport Centres land;";
(b)for paragraph (b)(i) and (ii) substitute—
"(i)at the State Sport Centres or on the State Sport Centres land;".
17New section 41 inserted
After section 40 of the State Sport Centres Act 1994 insert—
"41 Transitional provisions—State Sport Centres Legislation Amendment Act 2022
(1)On and from the commencement of the State Sport Centres Legislation Amendment Act 2022—
(a)the Knox Regional Sports Park land lease, and any agreements, leases or licences entered into under the Knox Regional Sports Park land lease—
(i)continue and have effect for the duration of the terms of those agreements, leases or licences as agreements, leases or licences under the Crown Land (Reserves) Act 1978; and
(ii)if there is any inconsistency between the terms of the Knox Regional Sports Park land lease and this Act, the terms of that lease prevail; and
(b)the Lakeside Oval Reserve land lease continues and has effect as if it were made under this Act, and—
(i)a reference in the Lakeside Oval Reserve land lease to the Minister for Energy, Environment and Climate Change is taken to be a reference to the State Sport Centres Trust; and
(ii)to the extent that there is any inconsistency or duplication between the responsibilities, rights and obligations of the Trust as Minister or Manager under the Lakeside Oval Reserve land lease, the responsibilities, rights and obligations of the Trust as Minister prevail; and
(c)the Lakeside Oval Reserve land licence continues and has effect as if it were granted by the Trust as licensor under this Act.
(2)Nothing effected by this section—
(a)is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of the lease or licence; or
(b)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 agreement or obligation.
(3)In this section—
Knox Regional Sports Park land lease means the lease entered into between the Minister for Environment and Climate Change and Knox City Council made on 23 November 2009, as assigned by the Deed of Assignment of Lease made on 13 July 2022 by Knox City Council and the State Sport Centres Trust;
Lakeside Oval Reserve land lease means the lease entered into between the Minister for Energy, Environment and Climate Change, the State Sport Centres Trust and South Melbourne Hellas Limited dated 30 June 2016;
Lakeside Oval Reserve land licence means the licence granted by the State Sport Centres Trust to South Melbourne Hellas Limited dated 30 June 2016 and approved by the Minister for Energy, Environment and Climate Change on 25 July 2016.".
18New Schedules 4 and 5 inserted
After Schedule 3 to the State Sport Centres Act 1994 insert—
"SCHEDULE 4
KNOX REGIONAL SPORTS PARK LAND
SCHEDULE 5
LAKESIDE OVAL RESERVE LAND
".
Part 3—Amendment of Melbourne and Olympic Parks Act 1985
19Definitions
In section 4 of the Melbourne and Olympic Parks Act 1985, for paragraph (f) of the definition of national tennis centre land substitute—
"(f)the land reserved under section 30E shown hatched on plan LEGL./21-548 lodged in the Central Plan Office and in Part 10 of the Schedule;".
20Part 10 of the Schedule substituted
For Part 10 of the Schedule to the Melbourne and Olympic Parks Act 1985 substitute—
"Part 10
".
Part 4—Amendment of other Acts
Division 1—Australian Grands Prix Act 1994
21Definitions
In section 3(1) of the Australian Grands Prix Act 1994—
(a)in the definition of Albert Park, after paragraph (a) insert—
"(ab)the Lakeside Oval Reserve land; and";
(b)for the definition of committee of management substitute—
"committee of management means—
(a)in relation to the parts of Albert Park which are Lakeside Oval Reserve land or Melbourne Sports and Aquatic Centre land, the State Sport Centres Trust; and
(b)in relation to Albert Park other than Lakeside Oval Reserve land or Melbourne Sports and Aquatic Centre land, the committee of management of Albert Park appointed under the Crown Land (Reserves) Act 1978;";
(c)insert the following definition—
"Lakeside Oval Reserve land has the same meaning as in the State Sport Centres Act 1994;".
22Corporation not to undertake works without a licence
In section 28 of the Australian Grands Prix Act 1994—
(a)in subsections (2) and (3), after "that is not" insert "Lakeside Oval Reserve land or";
(b)in subsection (3A), after "in respect of" insert "the Lakeside Oval Reserve land or".
23Roads
In section 33 of the Australian Grands Prix Act 1994—
(a)in subsection (2), after "that is not" (where twice occurring) insert "Lakeside Oval Reserve land or";
(b)in subsection (2A), after "that is" insert "Lakeside Oval Reserve land or".
24Declared area to be restored to reasonable condition
(1)In section 34(3) of the Australian Grands Prix Act 1994, after "that is not" insert "Lakeside Oval Reserve land or".
(2)After section 34(3A) of the Australian Grands Prix Act 1994 insert—
"(3B)If, in relation to the Lakeside Oval Reserve land, there is a dispute between the State Sport Centres Trust and the Corporation about the standard of restoration in the declared area in respect of a year, the Trust or the Corporation may refer the matter to the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act for a joint decision on the matter.".
Division 2—Albert Park Land Act 1972
25Committee of management may grant certain leases
In section 2(1) of the Albert Park Land Act 1972, for "each of the lands delineated and shown hatched in Plan A and" substitute "the land delineated and shown hatched in".
26Schedule amended
In the Schedule to the Albert Park Land Act 1972—
(a)for "Lands" substitute "Land";
(b)Plan A (including the heading to Plan A) is repealed.
Division 3—Major Events Act 2009
27Definitions
In section 3(1) of the Major Events Act 2009 insert the following definition—
"Lakeside Oval Reserve land has the same meaning as in the State Sport Centres Act 1994;".
28Temporary closure of roads
In section 109(3) of the Major Events Act 2009—
(a)in paragraph (d), after "that is not" insert "Lakeside Oval Reserve land or";
(b)in paragraph (e), after "that is" insert "Lakeside Oval Reserve land or".
29Temporary modification of roads
In section 110(4) of the Major Events Act 2009—
(a)in paragraph (d), after "that is not" insert "Lakeside Oval Reserve land or";
(b)in paragraph (e), after "that is" insert "Lakeside Oval Reserve land or".
Part 5—Repeal of this Act
30Repeal of this Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 4 August 2022
Legislative Council: 18 August 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the State Sport Centres Act 1994, the Melbourne and Olympic Parks Act 1985, the Australian Grands Prix Act 1994, the Albert Park Land Act 1972, the Major Events Act 2009 and for other purposes."
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