1Short title
This Act may be cited as the Cultural and Recreational Lands Act 1963.
This Act may be cited as the Cultural and Recreational Lands Act 1963.
S. 2 def. of municipality repealed by No. 12/1989 s. 4(1)(Sch. 2 item 22.1).
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S. 2 def. of recreational lands amended by Nos 12/1989 s 4(1)(Sch. 2 item 22.2), 3/1990 s. 4, 74/2000 s. 3(Sch. 1 item 33), 40/2006 s. 43, 15/2009 s. 36(1), 58/2017 s. 54.
recreational lands means—
lands which are—
vested in or occupied by any body corporate or unincorporate which exists for the purpose of providing or promoting cultural or sporting recreational or similar facilities or objectives and which applies its profits in promoting its objects and prohibits the payment of any dividend or amount to its members; and
used for out-door sporting recreational or cultural purposes or similar out-door activities; or
lands which are used primarily as agricultural showgrounds; or
the Reserve within the meaning of the Caulfield Racecourse Reserve Act 2017; or
the Melbourne Cricket Ground (which has the same meaning as Ground has in the Melbourne Cricket Ground Act 2009); or
the Flemington Racecourse land within the meaning of the Victoria Racing Club Act 2006; or
the national tennis centre land within the meaning of section 4 of the Melbourne and Olympic Parks Act 1985; or
lands (whether or not otherwise rateable) which are declared by Order of the Governor in Council under section 2A to be recreational lands—
but does not in the case of lands referred to in subparagraph (i) of paragraph (a) of this interpretation include lands which are not held for an estate in fee simple by any such body unless such lands are held under a lease or licence from the Crown or from a municipal council.
S. 2A inserted by No. 3/1990 s. 5.
The Governor in Council may by Order published in the Government Gazette, declare lands specified in the Order which comply with paragraph (a)(i) of the definition of recreational lands in section 2 to be recreational lands.
An Order under subsection (1)—
takes effect from the date on which it is made; and
is not invalidated by a failure to publish it in the Government Gazette.
Notwithstanding anything in any Act or enactment the power conferred by or under any Act to compulsorily acquire land shall not extend to the compulsory acquisition of any recreational lands but nothing in this section shall operate to prevent the acquisition of such lands by agreement or the compulsory acquisition of recreational lands by or under any Act which authorizes the compulsory acquisition of specific recreational lands.
S. 4(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 items 22.3, 22.4), 3/1990 s. 6(1).
Notwithstanding the provisions of any Act or enactment relating to the making and levying of rates by a municipal council in lieu of the rates that would otherwise be payable to a municipal council in respect of recreational lands there shall be paid to the municipal council as rates in each year such amount as the municipal council thinks reasonable having regard to the services provided by the municipal council in relation to such lands and having regard to the benefit to the community derived from such recreational lands.
S. 4(2) amended by Nos 12/1989 s. 4(1)(Sch. 2 items 22.5, 22.6), 3/1990 s. 6(2).
Any body which is aggrieved by the amount determined by a municipal council pursuant to subsection (1) of this section may appeal to the Minister who must determine the amounts to be paid to the municipal council as rates and every such determination shall be final and shall be given effect to by the municipal council and by the body concerned.
S. 4(3) amended by No. 12/1989 s. 4(1)(Sch. 2 items 22.7, 22.8).
Subject to subsection (4) of this section every such determination of the municipal council or of the Minister (as the case may be) shall operate until such time as a new valuation in respect of the municipal district or ward in which such recreational lands are situated is made and returned to the municipal council.
S. 4(4) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 22.9), 11/2002 s. 3(Sch. 1 item 15).
Where during the operation of any such determination the rates made and levied for any year by a municipal council in respect of a municipal district or ward in which any recreational lands are situated are at an amount in the dollar greater than the amount in the dollar of the rates made and levied in the first year in which that determination operated, the rates made and levied for that year shall be increased by such proportion as the amount in the dollar of the new rates bears to the amount in the dollar of the rates made and levied in such first year.
S. 4(5) amended by No. 12/1989 s. 4(1)(Sch. 2 item 22.11).
Where any lands which—
S. 4(5)(i) amended by No. 12/1989 s. 4(1)(Sch. 2 item 22.10).
are rateable under the Local Government Act 1989; and
are recreational lands—
cease to be recreational lands there shall be payable as rates to the municipal council an amount equal to the difference between the total of the amounts which were payable in respect of such lands for each of the ten years immediately preceding the land so ceasing to be recreational land and the total of the amounts of the rates that would have been payable in respect of such land in each of those years if this Act had not applied to such lands and such lands had been valued in each of those years on the basis that the value of such lands was its value immediately after such lands so ceased to be recreational lands.
S. 5(1) amended by No. 12/1989 s. 4(1)(Sch. 2 items 22.12, 22.13).
Recreational lands shall not be rateable land for the purpose of any rate levied by or under any Act other than the Local Government Act 1989, but notwithstanding anything in any Act or enactment any body which but for this section might have made and levied a rate in respect of recreational lands shall be entitled to impose and collect a reasonable charge for any service provided or available to any recreational lands.
The amount of any charge to be paid under the preceding subsection shall be such amount as is determined by any by-law or regulation approved by the Governor in Council, or in the absence of such by-law or regulation, such amount as is agreed between the occupier of the lands and the body imposing the charge, or in default of such agreement such amount as is determined by the Minister.
S. 6 amended by No. 12/1989 s. 4(1)(Sch. 2 item 22.14).
Any question difference or dispute arising between any body corporate or unincorporate and any municipal council or any other rating authority with respect to the application or operation of this Act may be finally and conclusively determined by the Minister.