1Short title
This Act may be cited as the Morley Shopping Centre Redevelopment Agreement Act 1992 1.
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Bill homepageThis Act may be cited as the Morley Shopping Centre Redevelopment Agreement Act 1992 1.
Subject to subsection (2), this Act comes into operation on the day on which it receives the Royal Assent 1.
Sections 5 and 6 of this Act come into operation on such day as is, or such days as are, respectively fixed by proclamation 1.
In this Act, unless the contrary intention appears —
Agreement means the Agreement a copy of which is set out in the Schedule and includes that Agreement as varied from time to time in accordance with its provisions;
Development Area has the same meaning as in the Agreement.
A reference in this Act to a plan by number is a reference to the miscellaneous diagram of that number held by the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5.
If the Agreement, as set out in Schedule 1, is varied by a further agreement in accordance with its provisions, the Governor may, by order published in the Gazette, amend this Act to such extent as is necessary to insert in this Act a schedule setting out a copy of the further agreement.
[Section 3 amended: No. 60 of 2006 s. 146.]
The Agreement is ratified.
The implementation of the Agreement is authorised.
Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Agreement shall operate and take effect notwithstanding any other Act or law.
On the commencement of this section —
the portion of road cross hatched and marked “ROAD” on Plan No. 347; and
the portion of road stippled and marked “JOHNSMITH STREET” on Plan No. 347,
are closed.
The land contained in the portions of road closed under subsection (1) is, on the commencement of this section —
vested in Her Majesty as of Her former estate; and
constituted Crown land within the meaning of that expression in the Land Act 1933 2; and
set apart as suburban lands for the purposes of the Land Act 1933 2.
On the commencement of this section, Reserve No. 40963, classified as of Class C, containing 2.2644 hectares and set apart for “Parking” is cancelled.
The land contained in Reserve No. 40963 cancelled under subsection (1) is, on the commencement of this section —
vested in Her Majesty as of Her former estate; and
constituted Crown land within the meaning of that expression in the Land Act 1933 2; and
set apart as suburban lands for the purposes of the Land Act 1933 2.
Notwithstanding the provisions of the Water Agencies (Powers) Act 1984 —
the amounts payable in respect of charges to which this subsection applies in relation to the Development Area during the periods specified in clause 11 of the Agreement are to be determined in accordance with that clause; and
the Development Area is to be taken to be the land that is the subject of those charges for the purposes of that Act.
Subsection (1) applies to each of the charges set out in —
Parts 2 and 3 of Division 1 of Schedule 1; and
Part 2 of Schedule 2; and
Part 2 of Schedule 3,
of the Water Agencies (Charges) By‑laws 1987 3.
[Section 7 amended: No. 73 of 1995 s. 188.]
Notwithstanding the provisions of Part 6 of the Local Government Act 1995 —
the amounts payable in respect of rates imposed under that Part on the Development Area for the periods specified in clause 12 of the Agreement are to be determined in accordance with that clause; and
the Development Area is to be taken to be the land that is rateable land for the purposes of that Act.
[Section 8 amended: No. 14 of 1996 s. 4.]
Schedule — Morley Shopping Centre Redevelopment Agreement
[s. 3(1)]
[Heading amended: No. 19 of 2010 s. 4.]
THIS AGREEMENT is made the 19th day of November 1992
BETWEEN
THE STATE OF WESTERN AUSTRALIA (“the State”) and MORLEY SHOPPING CENTRE PTY LIMITED (A.C.N. 002 154 458) of 800 Toorak Road, Tooronga, Melbourne, Victoria (“MSC”) and THE COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED (A.C.N. 004 405 556) of 330 Collins Street, Melbourne, Victoria (“CML”).
RECITALS
A. MSC and CML in joint venture propose to undertake the Morley Redevelopment.
B. The State for the purpose of promoting employment opportunity and development in Western Australia has agreed to assist, and at the request of the City to facilitate the City to assist, the Morley Redevelopment as set out in this Agreement.
OPERATIVE PART WHEREBY THE PARTIES AGREE as follows —
In this Agreement unless the contrary intention appears or the context otherwise requires —
“advise”, “agree”, “apply”, “approve”, “authorise”, “certify”, “consent”, “direct”, “inform”, “nominate”, “notice”, “notify”, “request”, “require”, or “specify” means advise, agree, apply, approve, authorise, certify, consent, direct, inform, nominate, notice, notify, request, require, or specify in writing as the case may be and any inflexion or derivation of any of those words has a corresponding meaning;
“City” means the City of Bayswater, a municipality and body corporate under the Local Government Act 1960;
“Concept Plans” means the plans respectively described as —
copies of which have been signed by the parties for the purpose of identification;
“CML” means The Colonial Mutual Life Assurance Society Limited its successors and permitted assigns;
“CPI” means the Consumer Price Index compiled by the Australian Bureau of Statistics for Perth (Capital City) (All Groups) or any substitute therefor accepted by the Government of the Commonwealth of Australia from time to time provided that:
if the CPI Index Number base adopted by the Australian Statistician for the CPI Index Number is at any time updated the CPI Index Number is to be appropriately adjusted from time to time;
if at any time the Consumer Price Index is discontinued, there is to be substituted therefor the alternative method of computing changes in the cost of living which is mutually agreed between the State and the Joint Venturers during the period of 30 days after written notice given by either the State or the Joint Venturers to the other, or failing agreement, which in the opinion of an expert appointed by the President for the time being of the Institute of Chartered Accountants (Western Australian Division) at the request of the State or the Joint Venturers or both of them most closely reflects changes in the cost of living for the Perth Metropolitan Area (the costs of that expert being borne by the State and the Joint Venturers in equal shares); and
if any alternative index is determined in accordance with paragraph (b) and that index is at any time thereafter discontinued, the reference to the CPI means from time to time the index determined subject to and in accordance with the provisions of paragraph (b);
“CPI Index Number” means the Index Number compiled and issued by the Australian Bureau of Statistics for the CPI for and in respect of a particular CPI Quarter;
“CPI Quarter” means the respective three monthly periods adopted by the Australian Bureau of Statistics for the compilation and issue of the CPI;
“Crown” means the Crown in right of the State of Western Australia;
“Crown Grant” means a Crown Grant under the Land Act;
“Development Area” means that part of the land within the stippled border on the Plan being —
the freehold land, particulars of which are set out in Schedule 2;
Reserve 40963 (Swan Locations 11235 and 11236);
the land cross hatched and marked “ROAD” on the Plan;
the land stippled and marked “JOHNSMITH STREET” on the Plan; and
the Water Authority Land
as to which the Joint Venturers are for the time being registered as the proprietors of an estate, either in fee simple or leasehold;
“Dollars” or $ means amounts expressed in Australian currency;
“Johnsmith Road Reserve” means the land described in paragraph (d) of the definition of the Development Area;
“Joint Venturers” means MSC and CML and any person to whom the rights of MSC and CML are assigned in accordance with the provisions of clause 16;
“Land Act” means the Land Act 1933;
“Minister” means the Minister in the Government of the State for the time being responsible (under whatever title) for the administration of the ratifying Act;
“Morley Shopping Centre” means the Shopping Centre of that name as now on the land, or part of the land, described in Schedule 2;
“Morley Redevelopment” or “the Redevelopment” means the redevelopment of the Morley Shopping Centre in accordance with the text in Schedule 3 and the Concept Plans, as amended from time to time by Agreement between the State and the Joint Venturers;
“MSC” means Morley Shopping Centre Pty. Limited, its successors and permitted assigns;
“parties” means the State and the Joint Venturers, and
“party” is a reference to any of them;
“Plan” means Department of Land Administration Miscellaneous Diagram 347 a copy of which is Schedule 1 to this Agreement;
“Project Commencement Date” means the commencement date notified to the Minister pursuant to clause 4(1);
“Project Completion” means completion of the Redevelopment in accordance with this Agreement to the state where the whole of the Morley Shopping Centre, as so redeveloped, is capable of occupation for its intended purpose;
“ratifying Act” means the Bill referred to in clause 3 when that Bill is passed and comes into operation as an Act as contemplated by that clause;
“Redeveloped Shopping Centre” means the Morley Shopping Centre as redeveloped and expanded in accordance with this Agreement;
“Russell Street Reserve” means the land described in paragraphs (b) and (c) of the definition of the Development Area;
“State” includes the authorities and instrumentalities of the State of Western Australia;
“Statutory Requirements” means all approvals, consents, permits, or licences necessary for the purposes of the Redevelopment from the State, any government department, authority, instrumentality or local government authority, and includes, without limiting the generality of the foregoing, all approvals, consents, permits, and licences, for engineering drawings, construction plans, earthworks and structures necessary for the purposes of the Redevelopment;
“subsidiary legislation” includes any proclamation, regulation, rule, by‑law, order, notice, rule of court, town planning scheme, resolution, or other instrument, made under any Act of the State or of the Commonwealth of Australia or subsidiary legislation for the time being in force and having legislative effect;
“this Agreement” means this Agreement (including its Recitals and Schedules) whether in its original form or as from time to time added to varied or amended;
“Water Authority” means the body corporate known as the Water Authority of Western Australia established by the Water Authority Act 1984;
“Water Authority Land” means the land described in Schedule 4;
“written law” has the same meaning as is given to that term in the Interpretation Act 1984.
In this Agreement unless the contrary intention appears —
power given under any clause other than clause 19 to extend any period or date is without prejudice to the power of the Minister under clause 19;
the plural includes the singular and vice versa and any gender includes every other gender;
reference to —
clause headings do not affect the interpretation or construction of this Agreement;
a reference to an Act includes the amendments to that Act for the time being in force and also any Act passed in substitution for it and the subsidiary legislation for the time being in force under it; and
a reference to a person includes a corporation and a body politic.
The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 11 December 1992 or such later date as the parties may agree.
The provisions of this Agreement other than this clause 3 shall not come into operation until the Bill referred to in subclause (1) has been passed by the Parliament of Western Australia and the provisions of that Bill ratifying this Agreement come into operation as an Act.
If before 11 December 1992 or such later date as may be agreed pursuant to subclause (1) the provisions of the Bill referred to in that subclause ratifying this Agreement have not commenced to operate as an Act then unless the parties otherwise agree this Agreement shall then cease and terminate and none of the parties shall have any claim against any of the others of them with respect to any matter or thing antecedent to, or arising out of or done, performed, or omitted to be done or performed, under this Agreement.
On the provisions of the Bill referred to in subclause (1) ratifying this Agreement commencing to operate as an Act this Agreement shall operate and take effect.
The Joint Venturers shall on or before 30 April 1993 (or such later date as the Minister may allow pursuant to clause 19) notify the Minister that the Joint Venturers —
will proceed; or
will not proceed
with the Redevelopment and shall, if the Joint Venturers notify the Minister that they will proceed with the Redevelopment, by the same notice advise the Minister as to the time programme for the commencement (which must be a date not later than 1 August 1993) and completion (which must be a date not later than 1 August 1996) of the Redevelopment.
If the Joint Venturers —
notify the Minister pursuant to subclause (1) that the Joint Venturers will not proceed with the Redevelopment; or
fail to notify the Minister as required by subclause (1) by the due date
this Agreement thereupon cease and terminate.
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