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Bill homepage (legislation.vic.gov.au)The purposes of this Act are—
to make provision relating to the use of land for the purposes of the Royal Melbourne Show and for other recreation, entertainment and amusement purposes; and
to amend the Royal Agricultural Show-grounds Act 1931 and the Racing Act 1958.
Subject to subsection (3), this Act, other than Part 6, comes into operation on a day to be proclaimed.
Subject to subsection (3), Part 6 comes into operation on a day to be proclaimed, not being a day earlier than the day on which this Act (other than Part 6) comes into operation.
If this Act (other than Part 6) does not come into operation before 31 December 2004, this Act expires on that day.
In this Act—
approved corporation means the corporation approved by the Minister under Part 2;
freehold showgrounds land means the land described in the folios of the Register set out in Schedule 1, to the extent that that land is shown on the plan numbered
LEGL./02–062;
S. 3 def. of plan numbered LEGL./02–062 amended by No. 53/2017 s. 91.
plan numbered LEGL./02–062 means the plan lodged in the Central Plan Office and numbered LEGL./02–062;
Society means the company incorporated under the Corporations Law of Victoria called the Royal Agricultural Society of Victoria Limited, A.C.N. 006 728 785, or, if that company changes its name, that company under its new name.
Part 2—Agreement and approval of corporation
For the purposes of this Act the recognised agreement is an agreement in which the Society and the Minister on behalf of the Crown agree—
that a corporation be incorporated under the Corporations Act, having as its members the Crown and the Society; and
that the freehold showgrounds land be surrendered to the Crown; and
that, on the surrender of the freehold showgrounds land to the Crown, the reservation of the land described in items 1, 2 and 3 of Schedule 2 be revoked; and
that the part of the land shown on the plan numbered LEGL./02–062 that is specified in the agreement be granted to the approved corporation; and
that any such grant is to be subject to any terms, conditions, covenants, exceptions, reservations and limitations specified in the agreement.
For the purposes of this Act the Minister may approve a corporation.
The Minister must not approve a corporation under subsection (1) unless the Minister is satisfied that—
the Society and the Crown have entered into the recognised agreement; and
the corporation is incorporated under the Corporations Act; and
the corporation has two members only, of whom one is the Crown and the other is the Society; and
each member of the corporation is represented on the governing body of the corporation; and
the corporation has, as one of its objects, the facilitation and enhancement of Victorian agricultural industries.
As soon as possible after making an approval under this section, the Minister must cause notice of the making of the approval to be given to the Society and published in the Government Gazette.
An approval under this section has effect from the day on which notice of it is given to the Society.
Once the Minister has approved the corporation under this section, the power to make the approval is exhausted and the Minister does not have the power to make any further approval under this section, or to amend or revoke the approval so made.
Part 3—Land to become unalienated Crown land
On the surrender of the whole of the freehold showgrounds land to the Crown—
if any part of the land is a road or is being used as a road, that part of the land ceases to be a road and all rights, easements and privileges existing or claimed in it either in the public or in any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease and determine; and
the land is deemed to be unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
the folios of the Register set out in Schedule 1 are revoked in so far as they apply to the freehold showgrounds land.
On the surrender of the whole of the freehold showgrounds land to the Crown—
Crown Grant Volume 1902 Folio 325 is revoked to the extent that it applies to the land shown on the plan numbered LEGL./02–062; and
the Order in Council specified in item 1 of Schedule 2 is revoked, to the extent that it applies to the land shown on the plan numbered LEGL./02–062.
On the surrender of the whole of the freehold showgrounds land to the Crown—
Crown Grant Volume 3807 Folio 226 is revoked to the extent that it applies to the land shown on the plan numbered LEGL./02–062; and
the Order in Council specified in item 2 of Schedule 2 is revoked, to the extent that it applies to the land shown on the plan numbered LEGL./02–062.
On the surrender of the whole of the freehold showgrounds land to the Crown, the Order in Council specified in item 3 of Schedule 2 is revoked.
On the revocation, specified in subsections (1), (2) and (3), of the Orders in Council specified in items 1, 2 and 3 of Schedule 2—
the land to which that part of those Orders that is revoked applies, is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
the appointment of any persons to act as Trustees of that land is revoked, to the extent that that appointment relates to that land; and
any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
Part 4—Land grants and allocations to approved corporation
In this Part—
appointed day means the day on which the Crown grant is issued under section 9;
former Society property means property, rights or liabilities of the Society that, under this Part, have vested in or become property, rights or liabilities of the approved corporation;
instrument includes a document and an oral agreement;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
Society instrument means an instrument subsisting immediately before the appointed day—
to which the Society was a party; or
that was given in favour of the Society; or
that refers to the Society; or
under which—
money is or may become payable to or by the Society; or
other property is to be or may become liable to be transferred to or by the Society.
As soon as possible after the surrender of the whole of the freehold showgrounds land to the Crown, the Governor in Council, on behalf of the Crown, must grant to the approved corporation that part of the land shown on the plan numbered LEGL./02–062 that has been specified in the recognised agreement as land that is to be granted to the approved corporation.
A Crown grant under this section is subject to any terms, conditions, covenants, exceptions, reservations and limitations—
that are determined by the Governor in Council; and
that are not inconsistent with the terms of the recognised agreement.
The Society may give to the Minister, before the day on which the Crown grant is issued under section 9, a statement of any property, rights and liabilities of the Society that relate to the land shown on the plan numbered LEGL./02–062 that are to be assigned to the approved corporation.
A statement under this section must be signed by the Chairperson of the Society, the Minister and the Chairperson of the approved corporation.
If the Minister and the Chairperson of the Society and of the approved corporation agree, the statement is an allocation statement for the purposes of this Part.
On the appointed day—
all property and rights of the Society that are allocated to the approved corporation under the allocation statement, vest in the approved corporation; and
all liabilities of the Society that are allocated to the approved corporation under the allocation statement, become liabilities of the approved corporation and cease to be liabilities of the Society.
Unless an allocation statement under this Part otherwise provides, where, under this Part property and rights vest in the approved corporation or liabilities become liabilities of the approved corporation—
the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
the rights to which the Society was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Society, vest in the approved corporation.
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