Swan Hill Race-course and Golf-course Lands Act 1969 (Vic)

Version No. 001

Swan Hill Race-course and Golf-course Lands Act 1969

Act No. 7844/1969

Version as at 26 February 2003

table of provisions

Section  Page

1.Short title

2.Definitions

3.Main reserve committee may grant leases of main reserve to golf club trustees and racing club trustees

4.Pavilion site committee may grant leases to golf club trustees and racing club trustees

5.All things done by municipality in relation to pavilion to be deemed to have been authorized

6.Pavilion site committee to make payments to municipality to enable discharge of loans

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SCHEDULE—Plan of Lands in the Township of Swan Hill, Parish of Castle Donnington, Reserved as a Site for a Race-course and for Public Recreation

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Swan Hill Race-course and Golf-course Lands Act 1969

Act No. 7844/1969

Version as at 26 February 2003

An Act to make provision concerning certain Crown Lands at Swan Hill used as a Race-course and Golf-course, and for other purposes.

Preamble

WHEREAS—

(a)by Order of the Governor in Council on the 19th day of May, 1896, referred to in a notice published in the Government Gazette on the 22nd day of May, 1896[1], certain Crown lands at Swan Hill (then forming part of the Township of Castle Donnington) of an area of 110 acres 3 roods 32 perches were temporarily reserved as a site for a race-course;

(b)the said lands were thereafter used both as a race-course for horse racing and as a golf-course, and committees of management were from time to time appointed under the law relating to Crown lands to manage and control the said lands;

(c)by various Orders of the Governor in Council published in the Government Gazette[2] the Order in Council temporarily reserving the said lands was revoked as to parts of the said lands;

(d)by Order of the Governor in Council of the 16th day of January, 1968 published in the Government Gazette of the 24th day of January, 1968[3] the remaining portion of the lands originally reserved as a site for a race-course being the lands delineated and shown by hatching and cross-hatching on the plan set out in the Schedule to this Act except the lands delineated and described on the said plan as a "public recreation reserve" of an area of one acre was temporarily reserved for the additional purpose of public recreation;

(e)by Order of the Governor in Council of the 6th day of November, 1963 published in the Government Gazette of the 13th day of November, 1963[4] the lands delineated and described as a "public recreation reserve" of an area of one acre on the plan set out in the Schedule were temporarily reserved as a site for public recreation;

(f)by a notice dated the 17th day of January, 1968 and published in the Government Gazette of the 24th day of January, 1968[5] the Minister of Lands gave notice that he had appointed the Corporation of the City of Swan Hill as a committee of management of that portion of the lands reserved which is delineated and shown by cross-hatching on the plan set out in the Schedule (hereinafter called "the pavilion site");

(g)by a notice dated the 14th day of March, 1969 and published in the Government Gazette of the 19th day of March, 1969[6] the Minister of Lands gave notice that he had appointed a committee of management in respect of the lands delineated and shown by hatching on the plan set out in the Schedule (hereinafter called the "main reserve");

(h)the Corporation of the City of Swan Hill is erecting on the pavilion site at a total cost of $77 000 a building suitable for use as a grandstand which will also contain premises suitable for occupation and use as clubrooms and which will have attached to it a structure enabling the taking of photographs to determine the places taken in horse races (which building and structure are together hereinafter called "the pavilion"), and has borrowed sums amounting in all to $77 000 for the purpose;

(i)the committee of management appointed in respect of the main reserve desires to be given such authority as it needs in order to be able to grant leases of the main reserve or part or parts thereof to the trustees of the property of the unincorporated association known as the Swan Hill Jockey Club for horse racing purposes, and to the trustees of the property of the unincorporated association known as the Swan Hill City Golf Club for the purposes of a golf-course;

(j)the Corporation of the City of Swan Hill in its capacity as the committee of management of the pavilion site desires to be authorized to grant to the trustees of the property of the Swan Hill Jockey Club and the trustees of the property of the Swan Hill City Golf Club leases of the pavilion site or part or parts thereof; and

(k)the Corporation of the City of Swan Hill in its capacity as committee of management of the pavilion site desires that it be made liable to reimburse the said Corporation for the expenses incurred by the Corporation in erecting the pavilion:

AND WHEREAS it is expedient to authorize the respective persons hereinbefore designated to do all such things as are hereinbefore recited and to make other provision as hereinafter enacted:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1.Short title

This Act may be cited as the Swan Hill Race-course and Golf-course Lands Act 1969.

2.Definitions

In this Act unless inconsistent with the context or subject-matter—

"golf club trustees" means the persons who are for the time being the trustees of the property of the Swan Hill City Golf Club and includes their lawful assigns;

"main reserve" means the lands delineated and shown by hatching on the plan set out in the Schedule;

"main reserve committee" means any committee of management appointed under the Land Act 1958 in respect of the main reserve;

"municipality" means the Corporation of the City of Swan Hill;

"pavilion" means the pavilion within the meaning of the preamble to this Act;

"pavilion site" means the lands delineated and shown by cross-hatching on the plan set out in the Schedule;

"pavilion site committee" means any committee of management appointed under the Land Act 1958 in respect of the pavilion site;

"racing club trustees" means the persons who are for the time being the trustees of the property of the Swan Hill Jockey Club and includes their lawful assigns.

3.Main reserve committee may grant leases of main reserve to golf club trustees and racing club trustees

(1)Notwithstanding anything to the contrary in any Act, the main reserve committee may for and on behalf of Her Majesty from time to time grant a lease of the main reserve or any part or parts thereof to the golf club trustees or any other person for use as a golf-course or to the racing club trustees or any other person for horse racing purposes.

(2)A lease under this section—

(a)shall be subject to such conditions covenants exceptions and reservations as the main reserve committee thinks fit;

(b)shall be for a term not exceeding twenty-one years; and

(c)shall be subject to approval by the Governor in Council.

(3)The moneys received by way of rent under a lease granted under this section may be applied by the main reserve committee towards the maintenance and improvement of the main reserve.

(4)No person or body of persons whosoever or whatsoever shall be entitled to receive or shall receive from the Crown any money or consideration by way of compensation in respect of any improvement whatsoever or any act matter or thing under this section.

4.Pavilion site committee may grant leases to golf club trustees and racing club trustees

(1)Notwithstanding anything to the contrary in any Act, the pavilion site committee may for and on behalf of Her Majesty from time to time grant a lease of the pavilion site or any part or parts thereof to the golf club trustees, to the racing club trustees or to any other person for use in association with the main reserve.

(2)A lease under this section—

(a)shall be subject to such conditions covenants exceptions and reservations as the pavilion site committee thinks fit;

(b)shall be for a term not exceeding twenty-one years; and

(c)shall be subject to approval by the Governor in Council.

(3)Any lease granted under this section may provide that the lessee shall be entitled to exclusive possession of the pavilion or portion of the pavilion at all times during the currency of the lease.

(4)Subject to section 6, the moneys received by way of rent under a lease granted under this section may be applied by the pavilion site committee towards the maintenance and improvement of the pavilion site.

(5)Subject to section 6, no person or body of persons whosoever or whatsoever shall be entitled to receive or shall receive from the Crown any money or consideration by way of compensation in respect of any improvement whatsoever or any act matter or thing under this section.

5.All things done by municipality in relation to pavilion to be deemed to have been authorized

Notwithstanding anything to the contrary in any Act—

(a)the municipality shall be deemed to have been authorized to erect the pavilion now being erected on the pavilion site; and

(b)the pavilion shall be deemed to be and to have been a permanent work and undertaking within the meaning of Part XV of the Local Government Act 1958.

6.Pavilion site committee to make payments to municipality to enable discharge of loans

Notwithstanding anything to the contrary in any Act, the pavilion site committee shall in each year pay to the municipality out of its revenues such sums as will enable the municipality to discharge its obligations under the terms of the loans made to it for the purpose of the erection of the pavilion.

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SCHEDULE

Plan of Lands in the Township of Swan Hill, Parish of Castle Donnington, Reserved as a Site for a Race-Course and for Public Recreation

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ENDNOTES

1.     General Information

The Swan Hill Race-course and Golf-course Lands Act 1969 was assented to on 20 May 1969 and came into operation on 20 May 1969.

2.     Table of Amendments

There are no amendments made to the Swan Hill Race-course and Golf-course Lands Act 1969 by Acts and subordinate instruments.

3.     Explanatory Details

[1] Preamble (a): Government Gazette 22 May 1896 page 2179.

[2]

Preamble (c): Government Gazettes 26 July 1939 page 2706, 29 October 1952 page 6098, 18 September 1963 page 2873, 13 December 1967

page 3775.

[3] Preamble (d): Government Gazette 24 January 1968 page 232.

[4] Preamble (e): Government Gazette 13 November 1963 page 3412.

[5] Preamble (f): Government Gazette 24 January 1968 page 242.

[6] Preamble (g): Government Gazette 19 March 1969 page 805.