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Caulfield Racecourse Reserve Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1--Preliminary
Clause 1 states the purposes of the Bill. The purposes of the Bill are--
(a) to establish the Caulfield Racecourse Reserve Trust
(Trust) to manage the Caulfield Racecourse Reserve
for racing, recreation and public park purposes; and
(b) to confer functions, duties and powers on the Trust in
relation to the management of the Caulfield Racecourse
Reserve, including leasing and licensing powers; and
(c) to allow the Minister to give directions to the Trust in
relation to the carrying out of the Trust's functions,
duties and powers; and
(d) to allow the Minister to appoint, suspend and remove
members of the Trust; and
(e) to create a mechanism to define certain areas of the
Caulfield Racecourse Reserve that may be used for
each of the purposes for which the land is permanently
reserved; and
(f) to provide for other related matters in relation to the
management of the Caulfield Racecourse Reserve; and
(g) to revoke a Crown grant and provide for the dissolution
of the appointment of the trustees under the grant; and
581240 1 BILL LA INTRODUCTION 24/8/2017
(h) to make consequential amendments to the
Conservation, Forests and Lands Act 1987, the
Cultural and Recreational Lands Act 1963 and
the Filming Approval Act 2014.
Clause 2 provides for the commencement of the Bill. Part 1 Preliminary,
Part 7 Revocation of Crown grant--Caulfield Racecourse
Reserve land and Schedule 1--Caulfield Racecourse Reserve
will commence upon the day after Royal Assent of the Bill.
This will enable the revocation of the existing Crown grant and
dissolution of the trustees appointed thereunder. It will also
preserve certain leases and related interests issued by the trustees.
The remaining provisions of the Bill will come into operation on
a day or days to be proclaimed. If not proclaimed to commence
earlier, they will come into operation on 1 August 2018.
Clause 3 defines terms used in the Bill including--
Caulfield Racecourse Reserve event, which means an event to
which an event declaration applies;
corporate planning document, which means--
(a) a statement of corporate intent; or
(b) a corporate plan; or
(c) a business plan;
Council, which has the same meaning as in the Local
Government Act 1989;
event declaration, which means a declaration made by the Trust
under clause 33 in respect of a Caulfield Racecourse Reserve
event;
film friendly principles, which has the same meaning as in the
Filming Approval Act 2014;
film permit, which has the same meaning as in the Filming
Approval Act 2014;
land use order, which means an order made by the Minister
under clause 32;
local Council, which means the Council that governs the
municipal district in which the Reserve is located;
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municipal district which has the same meaning as in the Local
Government Act 1989;
Reserve, which means the land described in items 1, 2 and 3
of Schedule 1 to the Bill, subject to any authorised additions,
excisions or revocations;
setting aside determination which means a determination under
section 34(2);
strategic management plan, which means a strategic
management plan made by the Trust under clause 28;
Trust, which means the Caulfield Racecourse Reserve Trust
established by clause 5;
Victoria Amateur Turf Club (incorporating Melbourne Racing
Club) has the same meaning as in the Victoria Amateur Turf
Club (incorporating Melbourne Racing Club) Act 1963.
Clause 4 provides that the Bill is filming approval legislation within the
meaning of the Filming Approval Act 2014. The Filming
Approval Act 2014 sets out film friendly principles that public
agencies must comply with when performing any functions or
duties, or exercising any powers, under any filming approval
legislation in relation to commercial filming on public land.
Part 2--Caulfield Racecourse Reserve Trust
Clause 5 establishes the Caulfield Racecourse Reserve Trust.
Subclause (2) provides that the Trust is a body corporate with
perpetual succession, has a common seal, may sue or be sued
in its corporate name, is capable of acquiring, holding and
disposing of real and personal property, and is capable of doing
or suffering anything which by law a body corporate may do or
suffer.
Subclause (3) provides that the common seal must be kept as
directed by the Trust and must not be used except as authorised
by the Trust.
Subclause (4) provides that all courts must take judicial notice of
the imprint of the common seal of the Trust on a document, and,
until the contrary is proved, must presume that the document was
properly sealed.
3
Clause 6 specifies the functions and powers of the Trust. These functions
are--
(a) to be responsible for the planning, development,
management, operation, care, promotion and use
of the Reserve for the purposes of racing, recreation
and a public park;
(b) to undertake proper financial management of the
Reserve;
(c) to accept appointment and act as a committee of
management of Crown land under the Crown Land
(Reserves) Act 1978; and
(d) to perform any other function conferred on or given to
the Trust by or under this Bill or any other Act.
Subclause (2) provides that the Trust must not accept
appointment and act as a committee of management under the
Crown Land (Reserves) Act 1978 in respect of land outside the
Reserve without the approval of the Minister and the Minister
responsible for administering the Racing Act 1958.
Subclause (3) provides that the Trust has all powers necessary to
perform its functions and duties under this Bill.
Clause 7 specifies the membership of the Trust.
Subclause (1) provides that the Minister is to appoint a minimum
of 5 but not more than 7 members to the Trust.
Subclause (2) provides that the Minister must appoint one of the
Trust members as chairperson of the Trust.
Subclause (3) provides the criteria to be applied by the
Minister in making an appointment to the Trust. The Minister
must consider a person's capacity to perform the functions of
the Trust and any qualifications, skills or experience that the
Minister considers relevant to the management of the Reserve.
Clause 8 sets out terms and conditions of the appointment of members to
the Trust.
Subclause (1) provides that a member is appointed for a term
not exceeding 3 years, with the exact term to be specified in the
instrument of appointment. A member may be reappointed and
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is otherwise subject to the terms and conditions specified in the
member's instrument of appointment.
Subclause (2) provides that a member is entitled to receive any
remuneration, fees or allowances fixed by the Minister from
time to time (unless the member is a member of the Legislative
Assembly or the Legislative Council).
Clause 9 provides for resignation and removal of members of the Trust.
Subclause (1) enables a member to resign in writing sent to the
Minister.
Subclause (2) enables the Minister to remove a member of the
Trust at any time.
Clause 10 specifies the circumstances when the office of a member
becomes vacant.
A vacancy arises if the member becomes bankrupt, is convicted
of an indictable offence or an offence which, if committed
in Victoria, would be an indictable offence, is absent from
3 consecutive meetings of the Trust without the prior leave
of the Trust or resigns or is removed under clause 9.
Clause 11 provides for the appointment of acting members of the Trust.
Subclause (1) enables the Minister to appoint a person to act
as a member of the Trust during a period of vacancy, where
the vacancy arises under clauses 9 or 10 or where a member is
unable to perform their duties because of illness or some other
reason.
Subclause (2) provides that a person appointed as an acting
member has the rights, powers and duties of the member for
whom that person acts. An acting member is entitled to
receive any remuneration, fees or allowances fixed by the
Minister from time to time for the member for whom that
person acts.
Clause 12 provides that any defect or irregularity in the appointment of
a member, or vacancy in membership of the Trust, will not
invalidate a decision of the Trust. In addition, a decision will
not be invalid because the occasion for an acting member to
act has not arisen.
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Clause 13 provides for declarations of pecuniary or other interests by
members of the Trust.
Subclause (1) provides that a member must, as soon as
practicable after the relevant facts have come to a member's
knowledge, declare at a meeting the nature of any direct or
indirect pecuniary interest, or conflict of interest, the member
has in relation to a matter being considered or about to be
considered by the Trust.
Subclause (2) requires a person presiding at a meeting at which
a declaration is made to record the declaration in the minutes of
the meeting.
Subclause (3) provides that a member who has made a
declaration under subclause (1) must not be present during
any deliberation with respect to that matter (unless the Trust
otherwise directs) or vote on that matter.
Subclause (4) disallows any subsequent vote by a member
on a matter that is the subject of any declaration made by
that member.
Clause 14 provides that membership of the Trust is not an office or
place of profit under the Crown, and will not prevent a
member from sitting, voting, being elected or continuing as a
member of the Legislative Assembly or Legislative Council.
However, clause 8(2) prevents a member who is a member
of the Legislative Assembly or the Legislative Council from
receiving remuneration for the performance of their duties as
a member of the Trust.
Clause 15 prescribes the procedures for meetings of the Trust.
Subclause (1) provides that the chairperson must preside at a
meeting of the Trust at which the chairperson is present.
Subclause (2) requires the members present at a meeting to elect
one of those members to preside at the meeting if the chairperson
is absent.
Subclause (3) provides that a majority of members for the time
being constitutes a quorum.
Subclause (4) requires that a question arising at a meeting be
determined by a majority of votes of members present and
voting.
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Subclause (5) provides that the person presiding at a meeting
has a deliberative vote and, in the event of an equality of votes
on any question, a second or casting vote.
Subclause (6) provides that the Trust may allow members
to participate in a meeting by electronic or other means of
communication.
Subclause (7) allows the Trust to regulate its own meeting
proceedings, subject to the provisions of this Bill.
Clause 16 requires the Trust to hold at least 4 meetings in any calendar year.
Subclause (2) provides that the chairperson is responsible for
convening meetings.
Subclause (3) requires the chairperson to convene a meeting if a
written request to hold a meeting is made by at least 2 members.
Clause 17 enables the Trust to appoint a chief executive officer of the Trust.
Subclause (2) provides that the chief executive officer is to assist
the Trust perform its function and duties and exercise its powers
under this Bill.
Subclause (3) provides that the chief executive officer has the
power to do all things necessary to be done for, in connection
with, or incidental to the performance of the chief executive
officer's functions.
Clause 18 enables the Trust to employ any employees that are necessary for
the performance of its functions and duties and exercise of its
powers under this Bill.
Subclause (2) enables the Trust to engage any consultants
required to perform its functions and duties and exercise of
its powers under this Bill.
Subclause (3) enables the Trust to determine the terms and
conditions of any appointment, employment or engagement.
Clause 19 provides the Minister with power to give directions to the Trust.
Subclause (1) provides that the Minister may give written
directions to the Trust in relation to the performance of its
functions and duties and the exercise of its powers under
this Bill. This includes the power to give directions to the
Trust in relation to the expenditure of funds.
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Subclause (2) provides that the Minister must give the Trust
14 days' written notice of the Minister's intention to give a
direction under subclause (1).
Subclause (3) requires the Trust to comply with a direction from
the Minister.
Subclause (4) provides that the Trust must publish any direction
given by the Minister in the Government Gazette within 14 days
of receiving the direction. The Trust must also publish the
direction on its internet site, and in its annual report.
Subclause (5) provides that upon request the Trust must give
the Minister any information the Minister requires to assist the
Minister to determine whether the Trust has complied with a
direction.
Clause 20 enables the Trust to delegate, by instrument, any function, duty
or power of the Trust, other than this power of delegation, to one
or more members of the Trust or the chief executive officer.
Clause 21 provides that the Trust is a public body to which Part 7 of
the Financial Management Act 1994 applies. Part 7 of the
Financial Management Act 1994 provides for accountability
and reporting requirements for Victorian public bodies.
Clause 22 provides that the Trust is a public entity within the meaning
of the Public Administration Act 2004. This means that the
governance principles and obligations relating to the operation of
public entities in Part 5 of the Public Administration Act 2004
apply to the Trust. The Public Administration Act 2004
provides an overarching framework for good governance in the
public sector and in public administration generally in Victoria,
and establishes the Victorian Public Sector Commission.
Part 3--Planning and reporting obligations
Clause 23 provides for the preparation of corporate planning documents
by the Trust. A corporate planning document is a statement of
corporate intent, a corporate plan or a business plan (see also
clause 3).
Subclause (1) specifies that the Minister, in writing, may request
the Trust to provide a corporate planning document.
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Subclause (2) specifies that the Trust must prepare a corporate
planning document if requested by the Minister.
Subclause (3) specifies that a request to prepare a corporate
planning document must specify the date by which the document
is to be prepared, the information to be included and the form in
which the information must be provided.
Subclause (4) specifies the Trust may amend a corporate
planning document at any time with approval of the Minister.
Subclause (5) specifies that the Minister may direct, in writing,
the Trust to amend a corporate planning document at any time
by including or omitting any specified information.
Subclause (6) specifies that the Trust must comply with a
direction from the Minister to amend a corporate planning
document.
Clause 24 provides that the Trust must notify the Minister of any matters
which may prevent or significantly affect the achievement of
the objectives of a corporate planning document.
Clause 25 provides that the Minister may issue a statement of obligations
to the Trust specifying obligations of the Trust in performing its
functions and duties and exercising its powers.
Subclause (2) provides that the Trust must comply with a
statement of obligations.
Subclause (3) provides that the Minister may amend, vary or
revoke a statement of obligations.
Subclause (4) provides that, before issuing a statement of
obligations, or amending, varying or revoking a statement of
obligations, the Minister must give written notice to the Trust of
the proposed statement, amendment, variation or revocation.
Subclause (5) provides that written notice under subclause (4)
must include that the Trust may make a written submission to the
Minister and the date by which the written submission must be
received by the Minister, being at least 28 days after the notice is
given.
9
Subclause (6) provides that, after issuing a statement of
obligations, or amending, varying or revoking a statement
of obligations, the Minister must ensure that notice of the
statement, amendment, variation or revocation is published
in the Government Gazette.
Subclause (7) provides that a statement of obligations, or
amendment, variation or revocation of a statement of obligations,
takes effect on the date on which notice of it is published in the
Government Gazette or any later date specified in the notice.
Subclause (8) provides that the Trust must publish notice of a
statement of obligations, or amendment, variation or revocation
of a statement of obligations, on its internet site within 14 days
of publication of the notice in the Government Gazette.
Subclause (9) requires the Trust to include in its annual report a
statement as to how the Trust has complied with any statement
of obligations issued to the Trust by the Minister.
Clause 26 specifies that the Trust must prepare a draft strategic management
plan for the Reserve.
Subclause (2) specifies that the plan must include a statement
of strategic objectives and directions for the promotion,
management, use and development of the Reserve and a
long-term plan for the Reserve that sets out a clear direction
for the future promotion, management, use and development
of the Reserve in a manner consistent with the objectives of
this Bill and the purposes for which the land is reserved.
Subclause (3) provides that, in preparing a draft strategic
management plan, the Trust must consult with the Minister,
the Minister responsible for administering the Racing Act 1958,
the local Council, the holders of any lease or licence over the
Reserve and any other persons or bodies that the Trust considers
are likely to be affected by the plan.
Clause 27 provides for publication of and consultation on a draft strategic
management plan.
Subclause (1) provides that the Trust must publish on its internet
site a draft strategic management plan, a statement that any
person may make a written submission to the Trust on the draft
plan, and a date by which the submission must be received by the
Trust being at least 28 days after publication of the draft plan.
10
Subclause (2) provides that the Trust must publish in a
newspaper circulating in the municipal district of the local
Council and in a newspaper circulating throughout the State
details as to where a copy of the draft plan may be obtained,
a statement that any person may make a written submission
to the Trust on the draft plan, and the date by which the
submission must be received by the Trust being at least 28 days
after publication of the draft plan.
Clause 28 provides for making and publication of a strategic management
plan following consultation on the draft plan.
Subclause (1) provides that after considering any written
submissions in relation to a draft plan, the Trust may make a
strategic management plan.
Subclause (2) provides that the Trust must publish a strategic
management plan on its internet site as soon as practicable after
making the plan.
Clause 29 provides that the Trust may amend a strategic management plan
at any time.
Subclause (2) provides that the Trust must publish an up-to-date
consolidated version of a strategic management plan on its
internet site as soon as practicable after amending the plan.
Subclause (3) provides that clauses 26, 27 and 28 apply to the
amendment of a strategic management plan as if the amendment
were a draft strategic management plan. This means that, before
making an amendment to a plan, the Trust must follow the same
publication and consultation procedures as those that apply for a
draft plan. However, those clauses do not apply where the
amendment is a minor or technical amendment.
Clause 30 provides for review of a strategic management plan.
Subclause (1) specifies that, subject to subclause (2), the Trust
may undertake a review of a strategic management plan at any
time, but at least every 10 years after making the plan.
Subclause (2) provides that the Minister may direct the Trust to
undertake a review of the strategic management plan at any time
and the Trust must undertake that review.
11
Clause 31 provides that the Trust must prepare an annual report of
operations each financial year under Part 7 of the Financial
Management Act 1994.
Subclause (2) provides that the Trust must prepare an annual
report despite section 46(2) of the Financial Management
Act 1994. Section 46(2) of that Act only requires an annual
report to be tabled where the expenses and obligations of a
public body exceed $5 million in a financial year.
Part 4--Management of the Reserve
Clause 32 provides for the making of land use orders by the Minister to
delineate which parts of the Reserve are to be used for one or
more of the purposes for which the land is reserved.
Subclause (1) provides that, upon receiving a plan of survey
signed by the Surveyor-General of the whole or any part of the
Reserve, or that land as nearly as practicable, the Minister may
make an order specifying that the whole or part of the Reserve
may be used for one or more of the purposes of racing, recreation
or public park ("land use order").
Subclause (2) requires that a land use order must be published in
the Government Gazette.
Subclause (3) provides that a land use order must include a copy
of the plan of survey specifying the land to which the order
applies.
Subclause (4) specifies that a land use order takes effect on the
date it is published in the Government Gazette or any later day
specified in the order.
Subclause (5) provides that the making of a land use order is
not intended to revoke or affect in other way the legal status of
the reservation of the land subject to the order or the status or
continuity of any lease, licence or other agreement in relation
to the land.
Clause 33 provides for the Trust to make event declarations which are
intended to provide for the delivery and management of events
in an efficient and coordinated way.
Subclause (1) specifies the Trust may declare an event to be a
Caulfield Racecourse Reserve event by notice published in the
Government Gazette.
12
Subclause (2) requires the Trust to make an event declaration
if the Trust receives a request from the Victoria Amateur Turf
Club (incorporating the Melbourne Racing Club) for an event
declaration to be made because dates and times for horse-racing
have been fixed by Racing Victoria to be conducted by the Club
at the Reserve. The event declaration must be published in the
Government Gazette. The Victoria Amateur Turf Club
(incorporating the Melbourne Racing Club) is constituted
under the Victoria Amateur Turf Club (Incorporating the
Melbourne Racing Club) Act 1963. Racing Victoria has the
same meaning as in the Racing Act 1958.
Subclause (3) provides that if the Minister and the Minister
administering the Racing Act 1958 are satisfied that there are
exceptional circumstances that require an event in an event
declaration made under subclause (2) to be cancelled or
transferred to another venue, the Ministers may request the
Trust to vary the event declaration and the Trust must make
that variation.
Subclause (4) requires the Trust to publish in the Government
Gazette any event declaration variation made under subclause (3)
at least one day before the Caulfield Racecourse Reserve event to
which it applies.
Subclause (5) provides that the Trust must not make an event
declaration, other than an event declaration referred to in
subsection (2), unless satisfied that the purpose of the proposed
event is not detrimental to the purposes for which the land is
reserved and the making of a declaration is in the public interest.
Subclause (6) provides that an event declaration must include
the title and a short description of the Caulfield Racecourse
Reserve event, the dates and times when the event is to take
place, a description (in writing or on a map or other document)
of the part of the Reserve to which the declaration applies, the
name of the person or body who takes control of the part of the
Reserve to which the declaration applies, any regulations made
under this Bill that are suspended during the event, any event
fees to be imposed and collected for the event and any other
prescribed information.
Subclause (7) allows the Trust to grant a permit under clause 38
for any part of the Reserve for the purposes of a Caulfield
Racecourse Reserve event.
13
Subclause (8) provides that any regulations made under this Bill
applying to the part of the reserve to which an event declaration
applies continue to apply during a Caulfield Racecourse Reserve
event, unless the event declaration provides for the suspension of
those regulations.
Subclause (9) provides that, subject to subclauses (10) and (11)--
• an event declaration made under subclause (2) must be
published in the Government Gazette at least 7 days
before the first race day that is a Caulfield Racecourse
Reserve event; and
• any other event declaration must be published at least
7 days before the Caulfield Racecourse Reserve event to
which it applies.
Subclause (10) provides that the Trust may make an urgent event
declaration if there are exceptional circumstances that require the
event declaration to be made at short notice. The Minister and
the Minister responsible for administering the Racing Act 1958
must be satisfied that the urgent event declaration needs to be
made.
Subclause (11) provides that the Trust must publish an urgent
event declaration made under subclause (10) in the Government
Gazette at least one day before the Caulfield Racecourse Reserve
event to which it applies. Subclauses 10 and 11 do not apply to
an event declaration made under subclause (2).
Clause 34 provides that the Trust is responsible for the management of the
Reserve.
Subclause (2) provides that, without limiting the general
management responsibility of the Trust, the Trust may set
aside an area of the Reserve for the purposes of planning,
development, management, care or use of the Reserve. A set
aside must be made by written determination published in the
Government Gazette.
Subclause (3) provides that a setting aside determination may
apply at all times or specified times, to all circumstances or to
specified circumstances, to all persons or to any class or classes
of persons. A determination must specify the period for which
it is in operation, which must not exceed a period of 3 years.
A determination may provide that a specified activity or class
14
of specified activity is permitted, prohibited or restricted in the
set aside area. A determination may provide that all access to
an area is prohibited or restricted and may confer a discretionary
authority on, or impose a specified duty on, a specified person
or class or person.
Subclause (4) provides that if regulations made under this Bill
applying to the Reserve or an area of the Reserve are inconsistent
with a setting aside determination for an area of the Reserve,
those regulations do not apply to the area for the period that the
setting aside determination is in operation.
Subclause (5) provides that a setting aside determination comes
into operation on the date it is published in the Government
Gazette or any later day specified in the determination.
Subclause (6) provides an offence for any person who
contravenes a setting aside determination and sets the maximum
penalty at 10 penalty units. This offence is a strict liability
offence and it is anticipated that it will be included as an
infringement offence in the Conservation, Forests and Lands
(Infringement Notice) Regulations 2013.
Clause 35 provides that the Trust may determine and collect fees and
charges for entry into the Reserve. Fees must be set by
written determination published in the Government Gazette.
Subclause (2) specifies that no fee or charge can be determined
or collected for entry into any part of the Reserve that is used for
the purposes of a public park.
Subclause (3) provides that the power to determine fees and
charges may be exercised by providing for different fees and
charges for different activities and different classes of people,
including the waiver of fees and charges.
Subclause (4) provides that a fee determination comes into
operation on the date it is published in the Government Gazette
or any later day specified in the determination.
Subclause (5) provides that clause 35 applies despite anything
to the contrary in the Crown Land (Reserves) Act 1978.
Section 13 of the Crown Land (Reserves) Act 1978 provides
the Minister with the power to make regulations to set fees for
reserves managed under that Act.
15
Clause 36 provides a power to the Trust to grant leases of the whole or any
part of the Reserve, with the Minister's approval.
Subclause (2) provides that the Minister must not approve the
granting of a lease unless the Minister is satisfied that the purpose
of the lease is not detrimental to the purposes for which the land
is reserved and the making of the lease is in the public interest.
Subclause (3) provides that, subject to subclause (4), the
maximum term for any lease is 65 years.
Subclause (4) provides additional criteria that must be considered
by the Minister before approving a lease with a term longer than
21 years. In addition to the requirements in subclause (2), the
Minister must be satisfied that the proposed use, development,
improvements or works that may be carried out under the lease
are of a substantial nature and value to justify a longer-term
lease.
Subclause (5) provides that a lease may contain options for the
lessee to renew the lease for a further term and provision for a
lessee to remain in occupation of the land under the same terms
and conditions of the lease, at the discretion of the lessor Trust,
for a period of not more than 3 months from the expiry of the
lease. However, the aggregate of the original term and any
further term or terms must not exceed the maximum term for
which a lease may be granted under this clause.
Subclause (6) provides that a lease granted by the Trust may be
subject to any covenants, exceptions, reservations and conditions
that are determined by the Trust and approved by the Minister.
Subclause (7) provides that this clause applies despite anything
to the contrary in the Crown Land (Reserves) Act 1978 and
the Land Act 1958. The Crown Land (Reserves) Act 1978
provides specific leasing powers for Crown land reserved and
managed under that Act. The Land Act 1958 provides leasing
powers for unreserved Crown land.
Clause 37 allows the Trust to grant a licence to enter and use the whole or
any part of the Reserve.
Subclause (2) provides that the Trust must not grant a licence
unless it considers that the purpose of the licence is not
detrimental to the purposes for which the land is reserved and
the granting of the licence is in the public interest.
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Subclause (3) provides that a licence may be granted for a period
not exceeding 3 years or, with the approval of the Minister, a
period not exceeding 10 years.
Subclause (4) provides that this clause applies despite anything
to the contrary in the Crown Land (Reserves) Act 1978 and
the Land Act 1958. The Crown Land (Reserves) Act 1978
provides specific licensing powers for Crown land reserved and
managed under that Act. The Land Act 1958 provides licensing
powers for unreserved Crown land.
Clause 38 provides the Trust with a power to grant permits over the whole
or any part of the Reserve in relation to, or for the purpose of, a
Caulfield Racecourse Reserve event or for any other purpose.
Subclause (2) provides that the Trust must not grant a permit in
relation to, or for the purpose of, a Caulfield Racecourse Reserve
event unless it considers that the purpose of the permit is not
detrimental to the purposes for which the land is reserved and
the granting of the permit is in the public interest.
Subclause (3) provides that the Trust must not grant a permit for
any other purpose unless the Trust considers that the purpose of
the permit is not detrimental to the purposes for which the land is
reserved.
Subclause (4) provides that a permit may be granted for a period
not exceeding 6 months.
Subclause (5) provides that this clause applies despite anything
to the contrary in the Crown Land (Reserves) Act 1978 and the
Land Act 1958. The Crown Land (Reserves) Act 1978 and the
Land Act 1958 include provision in relation to specific permits
for uses or activities on Crown land.
Part 5--Financial provisions
Clause 39 enables the Trust to obtain financial accommodation subject to
and in accordance with powers conferred under the Borrowing
and Investment Powers Act 1987.
Clause 40 enables the Trust to open and maintain one or more accounts
in the name of the Trust with any authorised deposit-taking
institution.
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Clause 41 requires the Trust to establish and maintain a fund called the
Caulfield Racecourse Reserve Trust Fund.
Subclause (2) requires that all money received by or paid to the
Trust in respect of the Reserve, all money required or authorised
by or under the Bill or any other Act to be paid into the Caulfield
Racecourse Reserve Trust Fund and any income received by the
Trust from the investment of moneys in the Caulfield Racecourse
Reserve Trust Fund must be paid into the Caulfield Racecourse
Reserve Trust Fund.
Subclause (3) provides that money in the Caulfield Racecourse
Reserve Trust Fund may be used for payment or discharge of
debts and liabilities of the Trust in, or in connection with, the
performance of the functions and exercise of powers of the
Trust in respect of the Reserve, or for payment of the costs of
managing the Reserve or the provision of services on that land
or in payment of any amount authorised or required to be paid
from the Fund under this Bill.
Part 6--Enforcement and regulations
Clause 42 provides that any civil proceedings under this Bill or the
regulations may be commenced by the Trust or a person
authorised by the Trust, or the chief executive officer or
a person authorised by the chief executive officer.
Clause 43 provides a power for regulations to be made, which will support
proper management of the reserve for all its reserved purposes.
Subclause (1) provides that the Governor in Council may make
regulations for or with respect to the planning, development,
management, care and use of the Reserve, the prohibition or
regulation of any activity on the Reserve, the protection of
persons on the Reserve, the removal of any structures or other
works which do not comply with the requirements of the Trust
or in respect of which a lease, licence or permit has expired or
has been cancelled, the exclusion or expulsion of persons found
contravening the regulations from the Reserve or prescribing
any other matter or thing required or permitted by this Bill to be
prescribed or necessary to be prescribed to give effect to this Bill.
Subclause (2) provides that the regulations may be of general or
limited application, may differ according to differences in time,
place or circumstance, may confer a discretionary authority or
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impose a duty on a specified person or class of persons and may
impose a penalty not exceeding 20 penalty units for a
contravention of the regulations.
Subclause (3) provides that any regulations made under this Bill
that relate to the issuing of film permits must not be inconsistent
with the film friendly principles, which are outlined in the
Filming Approval Act 2014.
Part 7--Revocation of Crown grant--Caulfield
Racecourse Reserve
Clause 44 provides for the revocation of Crown Grant Volume 7275
Folio 814.
Clause 45 provides for the dissolution of the Caulfield Racecourse Reserve
Trust.
On the revocation of the Crown grant by clause 44--
• the Caulfield Racecourse Reserve Trust is dissolved and
the persons appointed or holding office as trustees go
out of office;
• the land to which the Crown grant applies is divested
from that Trust and is vested in the Minister
administering the Crown Land (Reserves) Act 1978
to be managed under that Act until Part 2 of the Bill
commences and the new Trust is established;
• all rights, property and assets that, immediately before
the revocation, were vested in the dissolved Trust are
vested in the Minister administering the Crown Land
(Reserves) Act 1978;
• all debts, liabilities and obligations of that Trust existing
immediately before the revocation become debts,
liabilities and obligations of the Minister administering
the Crown Land (Reserves) Act 1978;
• the Minister administering the Crown Land (Reserves)
Act 1978 is substituted as a party to any proceeding
pending in any court or tribunal to which that Trust was
a party immediately before the revocation; and
• the Minister administering the Crown Land (Reserves)
Act 1978 is to hold any funds of that Trust during the
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period of management until Part 2 of the Bill
commences and the new Trust is established.
Clause 46 provides for the preservation of certain leases and related
interests.
Subclause (1) provides that nothing in Part 7 of the Bill affects
the status or continuity of 2 leases over the land in the Crown
grant in force immediately before the revocation of the Crown
grant. These leases relate to the Neerim Road Stables and the
Western Stables. Any sublease, licence, agreement or other
interest arising under the leases is also saved.
Subclause (2) provides that the preserved leases have effect from
the revocation of the Crown grant until the commencement of
Part 2 of the Bill as a lease between the Minister administering
the Crown Land (Reserves) Act 1978 as lessor and the lessee
for the time being under the lease, as if it has been assigned to the
Minister administering the Crown Land (Reserves) Act 1978
and as if the lease referred to that Minister instead of the trustees
of the Caulfield Racecourse Reserve.
Subclause (3) provides that Part 7 of this Bill is not to be
regarded as placing any person in breach of, or as constituting a
default under, any provision of a preserved lease, including any
provision prohibiting, restricting or regulating the assignment of
the lease. Part 7 is not to be regarded as fulfilling any condition
which allows a person to exercise a right or remedy in respect
of, or to terminate, any agreement or obligation. In addition, the
application of Part 7 does not release any surety or other obligor
wholly or in part from any obligation.
Clause 47 provides that nothing in Part 7 of the Bill affects the status or
continuity of the permanent reservation of the Reserve, as
defined in Schedule 1 to this Bill.
Clause 48 provides a power to the Minister administering the Crown Land
(Reserves) Act 1978 to grant leases of the whole or any part of
the Reserve to the Victoria Amateur Racing Club (incorporating
the Melbourne Racing Club) if the Minister is satisfied that the
purpose of the lease is not detrimental to the purposes for which
the land is reserved and the making of the lease is in the public
interest.
Subclause (2) provides that, subject to subclause (3), the
maximum term for any lease is 65 years.
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Subclause (3) provides that the Minister must be satisfied before
granting a lease with a term longer than 21 years, in addition to
the requirements in subclause (1), that the proposed use,
development, improvements or works that may be carried out
under the lease are of a substantial nature and value to justify a
longer term lease.
Subclause (4) provides that a lease may contain options for the
lessee to renew the lease for a further term and provision for a
lessee to remain in occupation of the land under the same terms
and conditions of the lease, at the discretion of the lessor
Minister, for a period of not more than 3 months from the expiry
of the lease. However, the aggregate of the original term and any
further term or terms must not exceed the maximum term for
which a lease may be granted under this clause.
Subclause (5) provides that a lease granted by the Minister may
be subject to any covenants, exceptions, reservations and
conditions that are determined by the Minister.
Subclause (6) provides that this clause applies despite anything
to the contrary in the Crown Land (Reserves) Act 1978 and
the Land Act 1958. The Crown Land (Reserves) Act 1978
provides specific leasing powers for Crown land reserved and
managed under that Act. The Land Act 1958 provides leasing
powers for unreserved Crown land.
Subclause (7) provides that clause 48 is repealed on the
commencement of Part 2 of the Bill.
Clause 49 provides for the saving and transfer of certain leases.
Subclause (1) provides that on and from the commencement of
Part 2 of the Bill, any lease referred to in clause 46(1) or entered
into under clause 48 has effect as a lease between the Trust
established under clause 5 of the Bill as lessor and the lessee for
the time being under the lease, as if it had been assigned to the
Trust and as if the lease referred to that Trust instead of the
Minister administering the Crown Land (Reserves) Act 1978.
Subclause (2) provides that clause 49 is not to be regarded as
placing any person in breach of, or as constituting a default
under, any provision of a lease referred to in subclause (1),
including any provision prohibiting, restricting or regulating
the assignment of the lease. Clause 49 is not to be regarded as
fulfilling any condition which allows a person to exercise a right
21
or remedy in respect of, or to terminate, any agreement or
obligation. In addition, the application of clause 49 does not
release any surety or other obligor wholly or in part from any
obligation.
Clause 50 provides for the Reserve land to vest in the Trust on
commencement of Part 2 of the Bill.
On commencement of Part 2, the land referred to in clause 45(b)
is divested from the Minister administering the Crown Land
(Reserves) Act 1978 and vests in the Trust established under
clause 5 and becomes part of the Reserve, all rights, property
and assets that immediately before that commencement
were vested in the Minister administering the Crown Land
(Reserves) Act 1978 are vested in the Trust, all debts,
liabilities and obligations of the Minister administering the
Crown Land (Reserves) Act 1978 existing immediately
before that commencement become debts, liabilities and
obligations of the Trust, the Trust is substituted as a party to
any proceeding pending in any court or tribunal to which the
Minister administering the Crown Land (Reserves) Act 1978
was a party immediately before that commencement and any
funds held by the Minister administering the Crown Land
(Reserves) Act 1978 are transferred to the Trust.
Clause 51 requires the Registrar of Titles to make any recordings in or
amendments to the Register kept under the Transfer of Land
Act 1958 that are necessary because of the operation of any of
the provisions of Part 7.
Part 8--Consequential amendments to other Acts
Clause 52 amends the Conservation, Forests and Lands Act 1987
to insert the Caulfield Racecourse Reserve Act 2017 in
Schedule 1A. This will have the effect of making this
Bill a relevant law for the purposes of the Conservation,
Forests and Lands Act 1987.
Clause 53 amends the definition of recreational lands in section 2 of
the Cultural and Recreational Lands Act 1963 to include
a specific reference to the Bill by inserting paragraph (ba)
to refer to the Reserve within the meaning of the Caulfield
Racecourse Reserve Act 2017.
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Clause 54 amends the definition of filming approval legislation in
section 3 of the Filming Approval Act 2014 to include a
specific reference to this Bill by inserting paragraph (aa)
which refers to the Caulfield Racecourse Reserve Act 2017.
Clause 55 provides that Part 8 is repealed on 1 August 2019.
The repeal of this Part does not affect the continuing operation
of the amendments made by this Bill (see section 15(1) of the
Interpretation of Legislation Act 1984).
Schedule 1--Caulfield Racecourse Reserve
Schedule 1 provides a description of the land included in the Caulfield
Racecourse Reserve by reference to the relevant Crown
Allotments and their respective reservations details.
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