Untitled document

Melbourne Sports and Aquatic Centre

(Amendment) Act 1999

Act No. 60/1999

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2
4.	Change of title of Act	2
5.	Amendment of purposes	2
6.	Definitions	2
7.	New Part 2 heading	3
8.	Change of Trust's name	4
9.	Amendment of functions	4
10.	New sections 6A and 6B inserted	5

6A.	Minister may give directions to Trust	5
6B.	Minister must approve carrying out of certain functions	5

11.	Section 9 repealed	5
12.	Exercise of powers	5
13.	New Division 3 of Part 3 inserted	6
Division 3—State Netball and Hockey Centre land	6

26A.	Trust to manage State Netball and Hockey Centre land	6
26B.	Powers to enter into leases	7
26C.	Power to grant licences over State Netball and Hockey
Centre land	8
26D.	State Netball and Hockey Centre Advisory Committee	10
26E.	Function of State Netball and Hockey Centre Advisory
Committee	11
26F.	Procedure	11

14. State Sport Centres Fund 11

28.	State Sport Centres Fund	11
28A.	The Melbourne Sports and Aquatic Centre Account	11
28B.	The State Netball and Hockey Centre Account	14

15.	Business plan	15
16.	Amendment of regulation-making powers	15
17.	By-laws	17
18.	Transitional provisions	18

i

Section Page

PART 6—TRANSITIONAL PROVISIONS 18

36.	References to Act	18
37.	Change in name of Trust	19
38.	Saving of certain matters in respect of State Netball and
Hockey Centre	19
39.	Application of Project Development and Construction
Management Act 1994	20

19. Amendment of the Borrowing and Investment Powers Act

1987 21

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NOTES 22

ii

Victoria

No. 60 of 1999

Melbourne Sports and Aquatic Centre

(Amendment) Act 1999†

[Assented to 21 December 1999]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are—

(a)

to rename the Melbourne Sports and Aquatic Trust;

(b) to extend the powers of the Trust to enable it to manage the State Netball and Hockey Centre and other sports, recreation and entertainment facilities and services.

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 2

Act No. 60/1999

2. Commencement

(1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision referred to in sub-section (1) does

not come into operation before 31 December

2000, it comes into operation on that day.

3. Principal Act

In this Act, the Melbourne Sports and Aquatic	No. 117/1994. Reprint No. 1
Centre Act 1994 is called the Principal Act.	as at 12 March 1998.
Further amended by
No. 46/1998.

4. Change of title of Act

In the title of the Principal Act, for "Melbourne
Sports and Aquatic Centre" substitute "State

Sport Centres".

5. Amendment of purposes

(1) In section 1(a) of the Principal Act, for

"Melbourne Sports and Aquatic Centre Trust"

substitute "State Sport Centres Trust".

(2) In section 1 of the Principal Act, after

paragraph (d) insert—

"(e) to provide for the management, promotion,

operation and use of the State Netball and

Hockey Centre;

(f)	to provide for the use of the State Netball and Hockey Centre land;
(g)	management, promotion, operation and use

to provide for the planning, development, facilities and services in Victoria.".

6. Definitions

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 7 Act No. 60/1999

In section 3 of the Principal Act—

(a) the definition of "Centre" is repealed;

(b) insert the following definitions—
' "Melbourne Sports and Aquatic Centre"

means the facility or facilities for the
purposes of sporting, gaming,
recreational, social, entertainment and
related purposes known as the
Melbourne Sports and Aquatic Centre
constructed by the Trust on Melbourne
Sports and Aquatic Centre land;

"State Netball and Hockey Centre" means the facility or facilities for the purposes of sport, recreation, entertainment or

social activities and related purposes constructed on the State Netball and Hockey Centre land;

"State Netball and Hockey Centre land" means the land shown hatched on the plan in Schedule 2 to the Royal Park Land Act 1999;

"stratum" means a part of land consisting

of a space of any shape above or below
or partly above and partly below the
surface of the land, all the dimensions
of which are limited;';

(c) in the definition of "Trust" for "Melbourne Sports and Aquatic Centre Trust" substitute "State Sport Centres Trust".

7. New Part 2 heading

Melbourne Sports and Aquatic Centre (Amendment) Act 1999
Act No. 60/1999

For the heading to Part 2 of the Principal Act substitute—

"PART 2—STATE SPORT CENTRES TRUST".

8. Change of Trust's name

In section 5(1) of the Principal Act, for
"Melbourne Sports and Aquatic Centre Trust"

substitute "State Sport Centres Trust".

9. Amendment of functions

In section 6 of the Principal Act—

(a)	in paragraph (b), after "Centre" insert "and the State Netball and Hockey Centre";
(b)	in paragraph (c), for "Centre" substitute "Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre";
(c)	in paragraph (d), for "Centre" substitute "Melbourne Sports and Aquatic Centre and the State Netball and Hockey Centre";
(d)	after paragraph (d) insert— "(da) the care, protection and management of

the State Netball and Hockey Centre

land;

(db) subject to this Act, the planning,

development, management, promotion,
operation and use of other sports,
recreation and entertainment facilities
and services in Victoria;

(dc) the development, management, promotion, operation and use of facilities and services for the parking of

vehicles and other necessary services to
be used in conjunction with any of the

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 10	Act No. 60/1999
facilities or services managed or operated by the Trust;".

10. New sections 6A and 6B inserted

After section 6 of the Principal Act, insert—
"6A. Minister may give directions to Trust

(1) The Minister may give the Trust directions

in relation to the carrying out of its functions
under this Act.

(2) The Trust must comply with the directions of

the Minister in carrying out its functions
under this Act.

6B. Minister must approve carrying out of

certain functions

The Trust must obtain the written approval of the Minister before carrying out any of its functions or exercising any of its powers under this Act with respect to land, facilities or services other than the 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.".

11. Section 9 repealed

Section 9 of the Principal Act is repealed.

12. Exercise of powers

In section 22 of the Principal Act—

(a)	in paragraph (c) for "the Centre" (where first occurring) substitute "the Melbourne Sports and Aquatic Centre";
(b)	after paragraph (c) insert— "(d) charge fees for entry to the State

Netball and Hockey Centre or any part

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

Act No. 60/1999	s. 13
of the State Netball and Hockey Centre land or for the use of any facilities or services at that Centre or on that land;

(e) sports, recreation and entertainment

charge fees for entry to any other operated by the Trust.".

13. New Division 3 of Part 3 inserted

In Part 3 of the Principal Act, after section 26 insert—

'Division 3—State Netball and Hockey Centre

land

26A. Trust to manage State Netball and Hockey

Centre land

(1) The Trust is responsible for the care,

protection and management of the State

Netball and Hockey Centre land.

(2) On the commencement of section 13 of the

Melbourne Sports and Aquatic Centre

(Amendment) Act 1999—

(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 State Netball and Hockey Centre 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.

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 13 Act No. 60/1999

26B. Powers to enter into leases

(1) The Trust may grant a lease of the State

Netball and Hockey Centre land or any part (including a stratum) of that land for any of the purposes described in section 4 of the

Royal Park Land Act 1999.

(2) The Trust may only grant a lease under sub-

section (1) with the approval of the Minister.

(3) The Minister must not approve the granting

of a lease under sub-section (1) 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

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

Act No. 60/1999 s. 13

(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.

(4) A lease granted under sub-section (1) may be for a term not exceeding 50 years.

(5) A lease granted under sub-section (1)—

(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)	reservations and conditions that are

is subject to any covenants, exceptions, in writing by the Minister.

(6) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

26C. Power to grant licences over State Netball and Hockey Centre land

(1) The Trust may grant a licence to enter and

use any part (including a stratum) of the building on that land for any of the purposes described in section 4 of the Royal Park Land Act 1999.

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 13 Act No. 60/1999

(2) The Trust must not grant a licence under

sub-section (1) 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 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)	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

provision has been made (in the licence 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.

(3) A licence granted under this section—

(a) may be for a period not exceeding 50 years; and

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

Act No. 60/1999 s. 13

(b) is subject to the terms and conditions determined by the Trust.

(4) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

26D. State Netball and Hockey Centre Advisory

Committee

(1) There is established by this Act an advisory committee to be known as the "State Netball and Hockey Centre Advisory Committee".

(2) The State Netball and Hockey Centre

Advisory Committee consists of members
appointed by the Minister including—

(a)	a person nominated by the Trust, being either a member of the Trust or the chief executive officer of the Trust;
(b)	a person nominated by the Zoological Parks and Gardens Board established under the Zoological Parks and

Gardens Act 1995;

(c)	a person nominated by the Melbourne City Council;
(d)	thinks fit to appoint to represent community groups and organisations interested in the operation and

such other persons as the Minister Hockey Centre and the State Netball and Hockey Centre land.

(3) The chairperson of the State Netball and

Hockey Centre Advisory Committee is the member appointed under sub-section (2)(a).

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 14 Act No. 60/1999

26E. Function of State Netball and Hockey

Centre Advisory Committee

The function of the State Netball and
Hockey Centre Advisory Committee is to
advise the Trust on the operation and
management of the State Netball and Hockey
Centre and the State Netball and Hockey

Centre land.

26F. Procedure

Subject to this Act, the State Netball and Hockey Centre Advisory Committee may regulate its own proceedings.'.

14. State Sport Centres Fund

For section 28 of the Principal Act substitute—
'28. State Sport Centres Fund

(1) The Trust must establish and maintain a fund

to be known as the "State Sports Centres
Fund".

(2) The Trust must establish and maintain within the Fund the following separate accounts—

(a)	the Melbourne Sports and Aquatic Centre Account; and
(b)	the State Netball and Hockey Centre Account.

28A. The Melbourne Sports and Aquatic Centre

Account

(1) There must be paid into the Melbourne

Sports and Aquatic Centre Account—

(a) Melbourne Sports and Aquatic Centre

any amount standing to the credit of the commencement of section 14 of the

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

Act No. 60/1999	s. 14
Melbourne Sports and Aquatic Centre (Amendment) Act 1999;

(b)	all money received by or paid to the Trust in respect of the Melbourne Sports and Aquatic Centre or the Melbourne Sports and Aquatic Centre land;
(c)	all money received by or paid to the Trust in respect of any other sports, recreation and entertainment facilities
or services (other than the State Netball and Hockey Centre) managed or operated by the Trust;
(d)	all money required or authorised by or under this Act or any other Act to be paid into the Melbourne Sports and Aquatic Centre Account;
(e)	any income received by the Trust from the investment of moneys in the Melbourne Sports and Aquatic Centre Account.

(2) Money in the Melbourne Sports and Aquatic Centre Account 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 Melbourne Sports and Aquatic and Aquatic Centre land; and

(ii)

any other sports, recreation and (other than the State Netball and

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 14 Act No. 60/1999

Hockey Centre) managed or

operated by the Trust; and

(b)	in payment of the costs of the management of the Melbourne Sports and Aquatic Centre and the Melbourne Sports and Aquatic Centre land or the provision of services at the Centre or on that land, including the costs of employing and engaging people for the purposes of managing and operating the Centre and that land or the provision of services at the Centre or on that land; and
(c)	management of any other sports, recreation and entertainment facilities

in payment of the costs of the and Hockey Centre) 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 Account under this Act; or

(ii)  agreed to by the Trust and the Minister to be paid out of the Account.

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

Act No. 60/1999 s. 14

28B. The State Netball and Hockey Centre

Account

(1) There must be paid into the State Netball and Hockey Centre Account—

(a)	all money received by or paid to the Trust in respect of the State Netball and Hockey Centre or the State Netball and Hockey Centre land;
(b)	all money required or authorised by or under this Act or any other Act to be paid into the State Netball and Hockey Centre Account;
(c)	any income received by the Trust from the investment of moneys in the State Netball and Hockey Centre Account.

(2) Money in the State Netball and Hockey

Centre Account 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 the State Netball and Hockey Centre and the State Netball and Hockey Centre land; and
(b)	management of the State Netball and Hockey Centre and the State Netball and Hockey Centre land or the

in payment of the costs of the that land, including the costs of employing and engaging people for the purposes of managing and operating the State Netball and Hockey Centre and that land or the provision of services at the Centre or on that land; and

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 15

s. 16 Act No. 60/1999

(c) in payment of any other amount—

(i)  authorised or required to be paid out of the Account under this Act; or

(ii)  agreed to by the Trust and the Minister to be paid out of the Account.'.

15. Business plan

In section 30 of the Principal Act—

(a)	in sub-section (1), for "business plan" substitute "separate business plan for the Melbourne Sports and Aquatic Centre and for the State Netball and Hockey Centre";
(b)	in sub-section (2), for "the proposed" substitute "each proposed";
(c)	in sub-section (3), for "The proposed" substitute "Each proposed";

(d) in sub-section (4)—

(i)  for "the proposed" substitute "each proposed";

(ii) for "the plan" substitute "each plan"; (e) in sub-section (5)—

(i)  for "the plan" (wherever twice occurring) substitute "each plan";

(ii)  for "the completed" substitute "each completed";

(f) in sub-section (6)—

(i) for "The plan" substitute "A plan; (ii) for "the plan" substitute "a plan".

16. Amendment of regulation-making powers

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

Act No. 60/1999

In section 32(1) of the Principal Act—

(a) for paragraph (a) substitute— "(a) the control, management and use of—

(i)

the Melbourne Sports and Aquatic and Aquatic Centre land; and

(ii)

the State Netball and Hockey Hockey Centre land; and

(iii) entertainment facilities or services

any other sports, recreation and Trust;";

(b) for paragraph (b) substitute— "(b) the prohibition or regulation of any

activity—

(i) Aquatic Centre or on the

at the Melbourne Sports and Centre land; or

(ii)  at the State Netball and Hockey Centre or on the State Netball and Hockey Centre land; or

(iii)  at any other sports, recreation and entertainment facilities or services managed or operated by the

Trust;";

(c) in paragraph (c)—

(i) Melbourne Sports and Aquatic Centre

for "the Centre" substitute "the Centre";

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 17 Act No. 60/1999

(ii)  after "land" insert "or the State Netball and Hockey Centre land";

(d) after paragraph (c) insert— "(ca) the protection of people at any other

sports, recreation and entertainment
facilities or services managed or
operated by the Trust from injury or

nuisance;";

(e) for paragraph (e) substitute— "(e) the exclusion or expulsion of persons

found contravening the regulations

from—

(i)

the Melbourne Sports and Aquatic and Aquatic Centre land; or

(ii)

the State Netball and Hockey Hockey Centre land; or

(iii) entertainment facilities or services

any other sports, recreation and Trust;".

17. By-laws

For section 33(1) of the Principal Act
substitute—

"(1) The Trust, with the approval of the Minister,

may make by-laws for or with respect to fees

and charges for—

(a) admission to—
Melbourne Sports and Aquatic Centre (Amendment) Act 1999

Act No. 60/1999	s. 18
(i)	Centre or any part of the

the Melbourne Sports and Aquatic Centre land;

(ii)  the State Netball and Hockey Centre or any part of the State Netball and Hockey Centre land;

(iii)

any other sports, recreation and managed or operated by the Trust;

(b) the use of any facilities or services—

(i) Aquatic Centre or on the

at the Melbourne Sports and Centre land;

(ii)  at the State Netball and Hockey Centre or on the State Netball and Hockey Centre land;

(iii)  at any other sports, recreation and entertainment facilities or services managed or operated by the

Trust.".

18. Transitional provisions

For Part 6 of the Principal Act substitute—

'PART 6—TRANSITIONAL PROVISIONS

36.

References to Act of the Melbourne Sports and Aquatic Centre (Amendment) Act 1999, a reference to the Melbourne Sports and Aquatic Centre Act 1994 in any Act (other than this Act) or in any subordinate instrument or

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 18 Act No. 60/1999

other document is deemed to be a reference

to the State Sport Centres Act 1994.

37. Change in name of Trust

(1) The State Sport Centres Trust is deemed to

be the same body as the Melbourne Sports
and Aquatic Centre Trust despite the change
in its name and no act, matter or thing is to

be affected because of that change of name.

(2) The members of the Melbourne Sports and

Aquatic Centre Trust holding office immediately before the commencement of section 8 of the Melbourne Sports and Aquatic Centre (Amendment) Act 1999 continue to hold office after that commencement as members of the State Sport Centres Trust on the same terms and conditions as those on which they held office as members of the Melbourne Sports and Aquatic Centre Trust.

(3) A reference in any document to the

"Melbourne Sports and Aquatic Centre
Trust" is deemed to be a reference to the
"State Sport Centres Trust".

38.  Saving of certain matters in respect of State Netball and Hockey Centre

On and from the commencement of section 13 of the Melbourne Sports and Aquatic Centre (Amendment) Act 1999—

(a) any lease or licence entered into by a committee of management in respect of the State Netball and Hockey Centre land and existing immediately before that commencement continues and has effect as if entered into by the Trust as

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

Act No. 60/1999	s. 18
lessor or licensor as the case requires; and

(b) the Trust is substituted as a party to any contract or agreement—

(i) management in respect of the
State Netball and Hockey Centre

entered into by a committee of Centre land; and

(ii) existing immediately before that
commencement.

39. Application of Project Development and Construction Management Act 1994

(1) The State Netball and Hockey Centre is a

Project Development and Construction

nominated project within the meaning of the nomination order.

(2) Nothing in this Act affects any thing done or

to be done, whether before, on or after the
commencement of section 18 of the
Melbourne Sports and Aquatic Centre
(Amendment) Act 1999, in relation to the
State Netball and Hockey Centre or the State
Netball and Hockey Centre land by—

(a) nominated project under the Project

the responsible Minister for the Management Act 1994; or

(b) nominated project under the Project

the facilitating agency for the Management Act 1994.

(3) Nothing in this Act affects the operation of any Order made under the Project

Melbourne Sports and Aquatic Centre (Amendment) Act 1999

s. 19 Act No. 60/1999

Development and Construction
Management Act 1994 in respect of the
State Netball and Hockey Centre or the State
Netball and Hockey Centre land.

(4) Nothing in this Act prevents an Order being made under the Project Development and Construction Management Act 1994 in

respect of the State Netball and Hockey Centre or the State Netball and Hockey Centre land.

(5) In this section—

"nomination order" means the Order of the

Project Development and
Construction Management Act 1994
in relation to the State Netball and
Hockey Centre on 1 December 1998
and published in the Government

Governor in Council made under the page 2958;

"nominated project" means the State

Netball and Hockey Centre declared by
the nomination order to be a project to
which the Project Development and
Construction Management Act 1994
applies.'.

19. Amendment of the Borrowing and Investment Powers Act 1987

In Schedule 1 to the Borrowing and Investment
Powers Act 1987, in column 1 of item 35, for
"Melbourne Sports and Aquatic Centre Trust"

substitute "State Sport Centres Trust".

═══════════════
Melbourne Sports and Aquatic Centre (Amendment) Act 1999

Act No. 60/1999 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 25 November 1999

Legislative Council: 14 December 1999

The long title for the Bill for this Act was "to amend the Melbourne
Sports and Aquatic Centre Act 1994 to alter the title of that Act, to alter
the name of the Melbourne Sports and Aquatic Centre Trust and to enable
the Trust to manage the State Netball and Hockey Centre and other
sports, recreation and entertainment facilities and services and for other
purposes."