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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CAIRNS CASINO
AGREEMENT BILL 1993
Queensland
CAIRNS CASINO AGREEMENT BILL
1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Interpretation--meaning of "development" . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--AUTHORITY TO AGREE TO DEVELOP AND
OPERATE CAIRNS CASINO
4 Minister may make agreement for Cairns Casino . . . . . . . . . . . . . . . . . . . . . 6
5 Agreement has effect as enactment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of casino agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 3--APPLICATION OF OTHER ACTS
7 Heritage Act--whether registered place or otherwise . . . . . . . . . . . . . . . . . 7
8 Land Act--development and operation of Cairns Casino . . . . . . . . . . . . . . 9
9 Planning Act--J. Special Facilities (Cairns Casino) Zone . . . . . . . . . . . . . 9
10 Liquor Act--type of licence and ordinary trading hours . . . . . . . . . . . . . . . . 10
11 Control Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Casino agreement not limited by this Part . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 4--MISCELLANEOUS
13 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1993
A BILL
FOR
An Act to authorise the entering into of an agreement for the
development and operation of the Cairns Casino, and for related
purposes
4
Cairns Casino Agreement
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause1. This Act may be cited as the Cairns Casino Agreement Act 1993. 4
5
Definitions
In this Act-- 6
Clause2.
"Cairns Casino" means a hotel-casino complex in the City of Cairns; 7
"casino agreement" means the agreement made under section 4, and 8
includes the agreement as amended under this Act; 9
"casino part" means the part of the Cairns Casino that is a casino under the 10
Control Act; 11
"conduct engaged in for the purpose of making a decision" has the 12
meaning given by section 8 of the Review Act; 13
"Control Act" means the Casino Control Act 1982; 14
"decision" means a decision, report or recommendation made, proposed to 15
be made or required to be made, and includes-- 16
(a) a matter appearing or purporting to be a decision, report or 17
recommendation; and 18
(b) a matter relating to, or appearing or purporting to relate to, a 19
decision, report or recommendation; 20
"development" has the meaning given by section 3; 21
"failure to make a decision" has the meaning given by section 5 of the 22
Review Act; 23
"Heritage Act" means the Queensland Heritage Act 1992; 24
"Heritage Register" has the meaning given by section 4 of the Heritage 25
Act; 26
5
Cairns Casino Agreement
"Land Act" means the Land Act 1962; 1
"Liquor Act" means the Liquor Act 1992; 2
"making of a decision" has the meaning given by section 5 of the Review 3
Act; 4
"permitted use" has the meaning given by section 1.4 of the Planning Act; 5
"Planning Act" means the Local Government (Planning and 6
Environment) Act 1990; 7
"planning scheme" has the meaning given by section 1.4 of the Planning 8
Act; 9
"public official" includes a Minister, an officer of the public service and an 10
officer or employee of a State agency; 11
"registered place" has the meaning given by section 4 of the Heritage Act; 12
"Review Act" means the Judicial Review Act 1991; 13
"site" means the land comprised in the site mentioned in the casino 14
agreement as the site for the Cairns Casino, and includes any part of 15
the land; 16
"special facility licence" means a special facility licence under Division 8 17
of Part 4 of the Liquor Act; 18
"State agency" means an agency, authority or instrumentality of the State, 19
and includes the Queensland Heritage Council. 20
of "development" 21
Interpretation--meaning
"Development" of the Cairns Casino includes-- 22
Clause3.(1)
(a) if the Cairns Casino is to be developed in relation to a registered 23
place--changing the use of the place; and 24
(b) the work necessary for the construction of the Cairns Casino; and 25
(c) the fitting out of the Cairns Casino (whether or not the buildings 26
that are fitted out are part of a registered place or another existing 27
place or are to be constructed); and 28
(d) any other activity in relation to the site that would be a 29
development within the meaning of the Heritage Act. 30
6
Cairns Casino Agreement
Examples if the Cairns Casino is to be developed in relation to a registered 1
place-- 2
Example 1-- 3
Construction of buildings at a registered place. 4
Example 2-- 5
Relocation of fittings, monuments and other objects from a registered 6
place. 7
Example 3-- 8
Excavating, disturbing or changing the landscape of a registered place. 9
(2) For the purposes of subsection (1), a regulation may declare-- 10
(a) any specified activity is work necessary for the construction of the 11
Cairns Casino; and 12
(b) any specified activity is comprised in the fitting out of the Cairns 13
Casino. 14
PART 2--AUTHORITY TO AGREE TO DEVELOP 15
AND OPERATE CAIRNS CASINO 16
may make agreement for Cairns Casino 17
Minister
The Minister may make, on behalf of the State, an agreement 18
Clause4.(1)
with a person for the development and operation of the Cairns Casino. 19
(2) The Minister may make an agreement under subsection (1) only if the 20
proposed agreement has been approved by regulation. 21
(3) The Minister must notify the date of the making of the agreement by 22
Gazette notice. 23
has effect as enactment 24
Agreement
The casino agreement has effect as if it were an enactment of 25
Clause5.(1)
this Act. 26
7
Cairns Casino Agreement
(2) If a provision of the casino agreement is inconsistent with an Act, the 1
provision prevails and the Act is not effective to the extent of the 2
inconsistency. 3
of casino agreement 4
Amendment
The casino agreement may be amended by a further agreement 5
Clause6.(1)
between the Minister and the other parties to the casino agreement. 6
(2) The Minister may make a further agreement only if the proposed 7
further agreement has been approved by regulation. 8
(3) The Minister must notify the date of the making of the further 9
agreement by Gazette notice. 10
PART 3--APPLICATION OF OTHER ACTS 11
Act--whether registered place or otherwise 12
Heritage
Clause7.(1) If the Cairns Casino is to be developed-- 13
(a) in relation to a place that is a registered place--subsections (2) to 14
(8) apply; or 15
(b) in relation to a place that is not a registered place--subsection (9) 16
applies. 17
(2) Division 1 of Part 5 of the Heritage Act does not apply to the 18
development of the Cairns Casino. 19
(3) The proposed development of the Cairns Casino is taken to be a 20
development to which section 37 of the Heritage Act applies. 21
(4) In relation to the proposed development of the Cairns Casino, the 22
Minister is the Minister responsible for the proposed development or work 23
mentioned in section 37 of the Heritage Act. 24
(5) A decision under the Heritage Act, or another decision, of a State 25
agency or public official in relation to the development or operation of the 26
Cairns Casino-- 27
8
Cairns Casino Agreement
(a) is final and conclusive; and 1
(b) cannot be challenged, appealed against, reviewed, quashed, 2
set aside, or questioned in any other way, under the Review Act 3
or otherwise (whether by the Supreme Court, another court, a 4
tribunal, an authority or a person); and 5
(c) is not subject to any writ or order of the Supreme Court, another 6
court, a tribunal, an authority or a person on any ground. 7
Examples of writs and orders to which the subsection applies-- 8
Example 1-- 9
Writs of mandamus, prohibition and certiorari. 10
Example 2-- 11
Certiorari orders, prohibition orders, prerogative orders, prerogative 12
injunctions, and statutory orders of review, within the meaning of the 13
Review Act. 14
Example 3-- 15
Declaratory and injunctive orders. 16
(6) Without limiting subsection (5), the Review Act does not apply to-- 17
(a) conduct engaged in for the purpose of making a decision; or 18
(b) other conduct that relates to the making of a decision; or 19
(c) the making of a decision or the failure to make a decision; or 20
(d) a decision; 21
under the Heritage Act or otherwise about the development or operation of 22
the Cairns Casino. 23
(7) In particular, but without limiting subsection (6), the Supreme Court 24
does not have jurisdiction to decide applications made to it under Part 3, 4 or 25
5 of the Review Act about matters mentioned in that subsection. 26
(8) The Minister's power under section 37(5) of the Heritage Act to 27
decide whether to accept or reject a recommendation of the Queensland 28
Heritage Council is not affected by subsection (5)(a) of this section. 29
(9) If the Cairns Casino is prescribed, by regulation, to be developed in 30
relation to a particular place, the Council must not, under the Heritage Act 31
9
Cairns Casino Agreement
(on its own motion or on application)-- 1
(a) enter the place in the Heritage Register; or 2
(b) consider or further consider whether the place should be entered 3
in the Heritage Register. 4
Act--development and operation of Cairns Casino 5
Land
For the purposes of the development of the Cairns Casino, the 6
Clause8.(1)
casino agreement may provide that permission to occupy the site is to be 7
granted under section 371A of the Land Act. 8
(2) For the purposes of the operation of the Cairns Casino, the casino 9
agreement may provide-- 10
(a) that a special lease is to be granted under section 203 of the Land 11
Act; and 12
(b) if a special lease is granted--the term of the lease, which may not 13
be longer than 75 years. 14
(3) If the site is land reserved and set apart for a public purpose, the 15
development and operation of the Cairns Casino is taken to be a purpose 16
declared under the Land Act by the Governor in Council to be not 17
inconsistent with the reservation or the Land Act. 18
(4) Sections 204A and 204B of the Land Act (and any other provision of 19
the Land Act dealing with rental amounts, payments and periods) do not 20
apply to the special lease mentioned in subsection (2). 21
(5) Matters in relation to rent for the permission to occupy and special 22
lease may be provided for in the casino agreement. 23
Act--J. Special Facilities (Cairns Casino) Zone 24
Planning
The casino agreement may provide that, for the purposes of any 25
Clause9.
planning scheme approved for the City of Cairns-- 26
(a) the site is taken to be zoned as a J. Special Facilities (Cairns 27
Casino) Zone; and 28
(b) the use of the site for the development or operation of the Cairns 29
Casino (and for uses incidental to the development or operation) 30
10
Cairns Casino Agreement
is a permitted use and, if the agreement does provide, the Council 1
of the City of Cairns may not require an application under the 2
Planning Act for the permitted use of the site; and 3
(c) the site remains zoned as a J. Special Facilities (Cairns Casino) 4
Zone for the period of the special lease. 5
Act--type of licence and ordinary trading hours 6
Liquor
The casino agreement may provide for the grant of a special 7
Clause10.(1)
facility licence for the Cairns Casino. 8
(2) For the purposes of granting the special facility licence, the Cairns 9
Casino is a facility that forms part of the tourist development of the State. 10
(3) Despite section 9 of the Liquor Act but for the purposes of that Act, 11
the ordinary trading hours during which the special facility licence permits 12
the sale or consumption of liquor in the casino part are the same hours 13
approved (under section 61 of the Control Act) for the operation of the 14
casino part. 15
Act 16
Control
For the purposes of section 19 of the Control Act, the casino 17
Clause11.
agreement is taken to be ratified by Parliament. 18
agreement not limited by this Part 19
Casino
Clause12. This Part does not, by implication, limit what may be contained in 20
the casino agreement. 21
PART 4--MISCELLANEOUS 22
23
Regulations
The Governor in Council may make regulations for the purposes 24
Clause13.
of this Act (including the casino agreement). 25
11
Cairns Casino Agreement
1
© State of Queensland 1993
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