Luna Park Site Act 1990

This Act may be cited as the Luna Park Site Act 1990.

This Act commences on the date of assent, except as provided by this section.

A provision of Part 2, Part 3 or Schedule 1 commences or is to be taken to have commenced on a day or days to be appointed by proclamation.

Such a proclamation may appoint 6 June 1990 or any later day as the date of commencement of a provision of Part 2, Part 3 or Schedule 1.

The object of this Act is to return the Luna Park site to the people of New South Wales and to ensure that Luna Park and the associated harbour foreshore remain available and accessible for the enjoyment of the people of New South Wales.

In this Act:

arbitrator means the arbitrator appointed under section 12.

authorised use means any use that is authorised under Part 2A.

dedicated use means any use for a purpose for which the land comprising the Luna Park site is dedicated as referred to in section 5A (1).

improvement means an improvement that was on the Luna Park site immediately before 6 June 1990.

Luna Park lease means the sub-lease registered number S 830396 dated 27 May 1981 between the Minister for Lands for and on behalf of Her Majesty Queen Elizabeth II and Harbourside Amusement Park Pty. Limited, as varied by:

the deed made 14 December 1983 between those persons, and

the deed made 18 March 1988 between the Minister for Lands for and on behalf of Her Majesty Queen Elizabeth II and Prome Investments Pty. Limited.

Luna Park Reserve means the land comprising the Luna Park site.

Luna Park Reserve Trust means the Luna Park Reserve Trust as reconstituted by section 5B.

Luna Park site means the land described in Schedule 1.

the lessee means:

the lessee under the Luna Park lease and includes any person to whom the estate or interest of the lessee under that lease has been lawfully assigned, or

if the Luna Park lease is determined (by forfeiture or otherwise), the person who, immediately before the determination of the lease, was the lessee under the lease.

In this Act, a reference to the noise from an authorised use or dedicated use includes a reference to noise arising from all persons involved in the use (such as, in the case of a use for public entertainment, the patrons of the entertainment).

If a provision of Part 2 or Part 3 is to be taken to have commenced before the date of assent to this Act, this section is, to the necessary extent, to be taken to have commenced on the commencement of the provision.

In this Part:

Crown land Minister means the Minister administering the Crown Land Management Act 2016.

repeal day means the day on which the Crown Lands Act 1989 is repealed by the Crown Land Management Act 2016.

The Luna Park site continues, on and from the repeal day, to be Crown land that is dedicated under the Crown Land Management Act 2016 for the purposes of public recreation, public amusement and public entertainment.

However, the dedication of the Luna Park site for any of these purposes cannot be revoked under the Crown Land Management Act 2016.

On and from the repeal day:

the Luna Park Reserve Trust in existence immediately before the repeal day (the existing Luna Park Reserve Trust) is taken to have been reconstituted as a statutory land manager under the Crown Land Management Act 2016 with the same name (the reconstituted Luna Park Reserve Trust), and

each member of the trust board of the existing Luna Park Reserve Trust immediately before the repeal day is taken to have been appointed as a member of the board of the reconstituted Luna Park Reserve Trust for the balance of their terms of office, and

the reconstituted Luna Park Reserve Trust is taken to have been appointed as the sole Crown land manager under the Crown Land Management Act 2016 of the Luna Park Reserve, and

the reconstituted Luna Park Reserve Trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the existing Luna Park Reserve Trust.

Note—

As a result of paragraph (d), the reconstituted Luna Park Reserve Trust retains all the assets, rights and liabilities of the existing Luna Park Reserve Trust, subject to subsection (2) (d).

The Crown Land Management Act 2016 applies in relation to the Luna Park Reserve and to the reconstituted Luna Park Reserve Trust in its capacity as its Crown land manager, subject to section 5A (2) and the following modifications:

the Trust’s appointment as the Crown land manager of the Luna Park Reserve cannot be revoked under the Crown Land Management Act 2016,

no other person can be appointed under the Crown Land Management Act 2016 as a Crown land manager of the Luna Park Reserve,

the Trust is taken to have been assigned as a category 2 non-council manager of the Luna Park Reserve for the purposes of Division 3.5 of the Crown Land Management Act 2016,

clause 7 (1) of Schedule 7 to the Crown Land Management Act 2016 is taken to apply to any estate in fee simple in the Luna Park Reserve vested in the existing Luna Park Reserve Trust by section 100 of the Crown Lands Act 1989,

if the Minister is not also the Crown land Minister, the Minister can:

exercise the functions of the Crown land Minister under Part 2 of the Crown Land Management Act 2016 instead of the Crown land Minister in relation to the Luna Park Reserve, except a function under any of the provisions referred to in paragraph (f), and

grant written consent for the purposes of Division 3.5 of the Crown Land Management Act 2016,

the regulations under this Act may prescribe kinds of functions for the purposes of section 3.27 (2) (c) of the Crown Land Management Act 2016 in addition to any functions prescribed by the regulations under that Act and, consequently, written Ministerial consent is not required for the exercise of such a function by the Trust,

the Crown Land Management Act 2016 does not apply in relation to the Luna Park Reserve or the Trust to the extent provided by other provisions of this Act or the regulations.

If the Minister exercises any function of the Crown land Minister permitted by this section, the exercise of the function has the same effect as if it had been duly exercised by the Crown land Minister.

Any plan of management for the Luna Park Reserve in force immediately before the repeal day continues in force on or after that day as a plan of management for the purposes of Division 3.6 of the Crown Land Management Act 2016, and can be altered or cancelled under that Division accordingly.

The plan of management (or a replacement plan of management) is required to include provision for the following matters:

there must be public access to the boardwalk/foreshore area (within the meaning of Part 2A) at all times,

the use of the Luna Park Reserve must be limited to purposes which are sympathetic to the historic and community significance of the land comprising the Luna Park site,

the following uses of the Luna Park Reserve are to be prohibited:

dwellings and other buildings used or designed or intended for use for the purpose of permanent residential accommodation, hotels, motels, hostels, tourist or other holiday accommodation, caravan parks and other facilities providing for temporary or overnight accommodation,

the erection of any permanent structure (not including structure in the nature of landscaping) on the land comprised in Lot 1186 in Deposited Plan 48335 is to be prohibited.

This section does not prevent the plan of management including provisions for other matters that are not inconsistent with the matters referred to in subsection (2).

For the purposes of this Part:

the boardwalk/foreshore area is the part of the land comprising the Luna Park site that is shown as the boardwalk/foreshore area in the Plan described in this section, and

the cliff top area is the part of the land comprising the Luna Park site that is shown as the cliff top area in the Plan described in this section.

The Plan is the plan marked “Luna Park Site Boardwalk/foreshore and Cliff Top Areas”, and presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for the Luna Park Site Amendment Act 1997) when the Bill was introduced into the Assembly.

Within 3 months after the commencement of this section:

the Director-General of the Department of Land and Water Conservation is to cause to be prepared, as accurately as is reasonably possible, metes and bounds or other appropriate descriptions of land shown in the Plan as the boardwalk/foreshore area and the cliff top area, and

the Minister is to cause to be published in the Gazette a notification containing those descriptions together with a certificate of a registered surveyor to the effect that the land in the descriptions substantially accords with the land shown in the Plan.

On publication of that notification, the boardwalk/foreshore area and the cliff top area are, for the purposes of this Part, those areas as described in the notification.

From the commencement of this section, the following uses are authorised uses for the land comprising the Luna Park site, other than the boardwalk/foreshore area:

restaurants and cafes,

functions, exhibitions, conventions, meetings and markets,

theatres,

such other uses related to the provision of entertainment as may be declared by the regulations to be authorised uses for the purposes of this section.

From the commencement of this section, the following uses are authorised uses for the cliff top area (in addition to the uses authorised by section 6B), but only if they do not threaten or damage any heritage listed fig trees in that area:

hotels,

shops,

office accommodation,

car parking,

such other commercial uses as may be declared by the regulations to be authorised uses for the cliff top area.

To avoid doubt, the use of the Luna Park Reserve for the purposes of any use that is authorised under this Act is an authorised purpose for section 2.12 (c) of the Crown Land Management Act 2016 in its application to the Reserve.

Note—

Section 2.12 of the Crown Land Management Act 2016 provides that dedicated or reserved Crown land may be used only for the following purposes:

the purposes for which it is dedicated or reserved,

any purpose incidental or ancillary to a purpose for which it is dedicated or reserved,

any other purposes authorised by or under this Act or another Act.