Untitled document

Crown Land (Reserves) Amendment (Carlton Gardens) Act 2008

No. 14 of 2008

table of provisions

Section  Page

1Purpose

2Commencement

3New definitions inserted

4New Part 4A inserted

Part 4a—carlton gardens reserve—
special event management

29JSpecial event management declarations

29KContent of special event management declarations

29LManagement of Carlton Gardens Reserve

29MSuspension of functions, powers and duties

29NPowers in relation to agreements and arrangements

29ORegulations and local laws to be suspended

29PTransitional provisions

29QEffect of special event management declaration

29RMinister to give copy of declaration to committee of management

29SSpecial event management area to be restored

5Repeal of amending Act

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Endnotes

Crown Land (Reserves) Amendment (Carlton Gardens) Act 2008

No. 14 of 2008

[Assented to 23 April 2008]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Crown Land (Reserves) Act 1978 to provide for the management of land in the Carlton Gardens Reserve for special events.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3New definitions inserted

In section 3 of the Crown Land (Reserves) Act 1978 insert the following definitions—

"Carlton Gardens Reserve means the balance of the land described in Crown Grant Volume 600 Folio 905;

declaration period means the period specified in a special event management declaration as the period for which the declaration is to apply;

event organiser means a person who organises or conducts events;

special event management area means the area specified in a special event management declaration as the area to which the declaration is to apply;

special event management declaration means a declaration under section 29J(1);

special event period means a period specified in a special event management declaration as a period during which the special event is to take place;

Trust means the Melbourne Convention and Exhibition Trust established by the Melbourne Convention and Exhibition Trust Act 1996.".

4New Part 4A inserted

After Part 4 of the Crown Land (Reserves) Act 1978 insert—

"Part 4a—carlton gardens reserve—special event management

29JSpecial event management declarations

(1)The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, declare an event or series of events to be a special event for the purposes of this Part.

(2)The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that—

(a)the event or events are suitable to be held in the Carlton Gardens Reserve; and

(b)the event or events are of significance to the State.

29KContent of special event management declarations

A special event management declaration must specify—

(a)the name and a short description of the special event; and

(b)the date, at least 14 days after publication in the Government Gazette, on which the declaration takes effect; and

(c)the period (not exceeding 3 years) for which the declaration is to apply; and

(d)the period or periods during the declaration period in which the special event is to take place; and

(e)by means of a description, map or other document, the area of the Carlton Gardens Reserve to which the declaration is to apply.

29LManagement of Carlton Gardens Reserve

(1)A special event management declaration may provide that the Secretary or the Trust is to have specified functions, powers and duties in relation to the Carlton Gardens Reserve during the whole or specified parts of the declaration period.

(2)The functions, powers and duties may include—

(a)a power, with the consent of the Minister, to enter into agreements or arrangements with an event organiser; and

(b)any power required to undertake, organise or facilitate a special event; and

(c)any function, power or duty conferred by any other Part of this Act or any other Act on the trustees or the committee of management of the Carlton Gardens Reserve in that capacity; and

(d)a power to fix opening and closing times for public access to the special event management area or part of that area.

(3)A special event management declaration cannot confer power to permit the use of the Carlton Gardens Reserve for a purpose that is inconsistent with the reservation of the land unless it is a purpose that is, or is connected with, an exhibition purpose.

(4)The functions, powers and duties conferred on the Trust by a special event management declaration are in addition to those set out in the Melbourne Convention and Exhibition Trust Act 1996.

29MSuspension of functions, powers and duties

(1)A special event management declaration may provide for—

(a)all or specified functions, powers and duties of the trustees or the committee of management of the Carlton Gardens Reserve to be suspended for a special event period; and

(b)all or specified functions, powers and duties of the trustees or the committee of management of the Carlton Gardens Reserve to be suspended for any other specified part of the declaration period.

(2)The Minister must not make a recommendation under section 29J(1) for a declaration to suspend the functions, powers and duties of the trustees or the committee of management unless the Minister is satisfied that this is necessary for the purposes of the special event.

(3)The trustees or the committee of management of the Carlton Gardens Reserve must not—

(a)exercise or perform any function, power or duty that is suspended under this Part during the period of the suspension; and

(b)exercise or perform any other function, power or duty in a manner that is inconsistent with a special event management declaration or the purpose of that declaration.

29NPowers in relation to agreements and arrangements

The power conferred on the Secretary or the Trust to enter into agreements or arrangements with an event organiser may include agreements or arrangements relating to—

(a)the organisation and conduct of the special event; and

(b)the occupation and use and period of occupation and use by the event organiser of any part of the special event management area; and

(c)the fees to be charged by the event organiser for entry into the special event management area; and

(d)the fees for the occupation and use of the special event management area to be paid by the event organiser to the Secretary or the Trust.

29ORegulations and local laws to be suspended

(1)A special event management declaration may provide that all or any regulations made under section 13 or local laws made under the Local Government Act 1989 are to be suspended during the whole or any specified part of the declaration period to the extent that they apply to the Carlton Gardens Reserve.

(2)Despite anything to the contrary in the Local Government Act 1989 and without limiting subsection (1), a local law made after the making of a special event management declaration does not apply to the Carlton Gardens Reserve during the declaration period unless the special event management declaration otherwise provides.

29PTransitional provisions

A special event management declaration may contain provisions of a transitional nature consequent on the making of the declaration, including—

(a)provisions for the construction of references in any instrument or in any other document of any kind; and

(b)provisions relating to the end of a special event period or the declaration period.

29QEffect of special event management declaration

A special event management declaration has effect according to its terms.

29RMinister to give copy of declaration to committee of management

The Minister must give a copy of the special event management declaration to the committee of management of the Carlton Gardens Reserve within 7 days after the declaration is published in the Government Gazette.

29SSpecial event management area to be restored

(1)The event organiser of a special event must immediately after each special event period, restore, or ensure the restoration of, the special event management area to a condition reasonably comparable to its condition before the beginning of the special event period.

(2)If the event organiser does not comply with subsection (1), the Secretary or the Trust may carry out the restoration works and recover the costs of those works from the event organiser as a debt due to the Secretary or the Trust.

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5Repeal of amending 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

Minister's second reading speech—

Legislative Assembly: 6 February 2008

Legislative Council: 13 March 2008

The long title for the Bill for this Act was "A Bill for an Act to amend the Crown Land (Reserves) Act 1978 to provide for the management of land in the Carlton Gardens Reserve for special events and for other purposes."