Victorian Numbered Acts Victorian Numbered ActsAfter section 4 of the Melbourne (Yarra Park) Land Act 1980 insert —
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Crown grant Volume 600 Folio 119902 is revoked .
The appointment of the Council as the committee of management for Yarra Park Reserve under the Order in Council dated 9 October 1917 is revoked .
The Trust is taken to be appointed under section 14(2) of the Crown Land (Reserves) Act 1978 as the committee of management for Yarra Park Reserve.
(1) The Trust must prepare a management and improvement plan for Yarra Park Reserve for each year.
(2) The Trust must submit the plan to each specified Minister for approval on or before the same date in each year that is determined by the Minister under section 25(3) of the Melbourne Cricket Ground Act 2009 .
(3) Before submitting the plan under subsection (2), the Trust must consult with the Melbourne and Olympic Parks Trust in relation to the provision of car parking in Yarra Park Reserve for the purpose of major events.
(4) The plan must be in the form approved by each specified Minister and must include—
(a) a statement of intent, being information about the objectives, main undertakings, activities, performance measures and targets of the Trust in relation to Yarra Park Reserve; and
(b) strategies to support major events; and
(c) strategies to support community access to Yarra Park Reserve for all purposes consistent with the purposes of the reservation of Yarra Park Reserve including informal recreation and events; and
(d) strategies to improve the long term health and sustainability of Yarra Park Reserve and its trees; and
(e) strategies to maintain and enhance the amenity of Yarra Park Reserve; and
(f) any other matter that a specified Minister directs and that is consistent with—
(i) the purposes for which the land may be used under this Act; and
(ii) the purposes for which the land is reserved.
(5) The Trust must consider any comment on the plan prepared under subsection (4) that is made by a specified Minister within 2 months after the plan was submitted to that Minister.
(6) If a specified Minister has made a comment under subsection (5), the Trust must—
(a) consult in good faith with the Minister; and
(b) make any change to the plan that is agreed upon between the Minister and the Trust; and
(c) make any change to the plan that is reasonable and required by each specified Minister in writing and that is consistent with—
(i) the purposes for which the land may be used under this Act; and
(ii) the purposes for which the land is reserved; and
(d) deliver the settled plan to each specified Minister for approval.
(7) On receiving a settled plan under subsection (6)(d) each specified Minister may approve the plan.
(8) The whole or a part of the plan must not be published or made available except for the purposes of this section without the prior approval of each specified Minister.
(1) Subject to this section, the Trust may provide car parking in Yarra Park Reserve for the following purposes—
(a) major events;
(b) the management, use and enjoyment of the facilities at the Melbourne Cricket Ground when major events are not being held at the Melbourne Cricket Ground;
(c) the management, use and enjoyment of the facilities of the land delineated and shown hatched on the plan in the Schedule and known as Punt Road Oval;
(d) any purpose consistent with the purposes of the reservation of Yarra Park Reserve.
(2) In making any decision to provide car parking for the purpose set out in subsection (1)(a), the Trust must have regard to—
(a) the expected demand for car parking in Yarra Park Reserve for major events;
(b) the extent and patterns of previous use of Yarra Park Reserve for car parking for major events;
(c) an assessment of the effect the car parking will have on the condition of the surface of Yarra Park Reserve;
(d) an assessment of the effect the car parking will have on the condition of the soil of Yarra Park Reserve and the level of sub-surface water content;
(e) an assessment of the effect the car parking will have on the condition of the trees in Yarra Park Reserve;
(f) the need to rotate car parking to minimise excessive damage or wear to the surface or sub-surface of Yarra Park Reserve;
(g) the protection of private or public property in Yarra Park Reserve;
(h) the safety of pedestrians and car parking attendants in Yarra Park Reserve.
(3) In making any decision to provide car parking for a purpose set out in subsection (1)(b), the Trust must restrict car parking to any paved areas in the immediate vicinity of the Melbourne Cricket Ground.
(4) In making any decision to provide car parking for a purpose set out in subsection (1)(c), the Trust must have regard to restricting car parking to areas on, and in the immediate vicinity of, the land delineated and shown hatched on the plan in the Schedule and known as Punt Road Oval.
(5) The Trust must not provide car parking in Yarra Park Reserve for any purpose other than a purpose set out in this section.
(1) Any money received by, or collected on behalf of, the Trust in relation to Yarra Park Reserve must not be spent for any purpose other than the operation, management, maintenance and improvement of Yarra Park Reserve.
(2) All money received and spent in relation to Yarra Park Reserve must be accounted for separately in the financial statements of the Trust.
(1) There is established by this Act an advisory committee known as the Yarra Park Advisory Committee.
(2) The Yarra Park Advisory Committee consists of up to 7 members appointed by the Minister administering the Sport and Recreation Act 1972 including—
(a) a member of the Trust;
(b) a representative of the Melbourne Cricket Club, being the chief executive officer or a nominee of the chief executive officer;
(c) a person nominated by the Council to represent the Council;
(d) up to 2 other persons nominated by the Council, following consultation with the Minister administering the Sport and Recreation Act 1972 , that the Council considers—
(i) have regular use of public parks within the City of Melbourne; and
(ii) have knowledge of the issues involved in the management and use of public parks within the City of Melbourne; and
(iii) have an understanding of community needs for public parks within the City of Melbourne; and
(iv) can
demonstrate community support for their nomination;
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(e) other persons considered by the Minister administering the Sport and Recreation Act 1972 to be appropriate.
(3) The chairperson of the Yarra Park Advisory Committee is the member appointed under subsection (2)(a).
(4) A person appointed under subsection (2)(d) or (e)—
(a) is appointed for the period, not exceeding 3 years, specified in his or her instrument of appointment; and
(b) is eligible for re-appointment; and
(c) is subject to the terms and conditions specified in his or her instrument of appointment.
The function of the Yarra Park Advisory Committee is to advise the Trust on the operation, management and improvement of Yarra Park Reserve.
Subject to this Act, the Yarra Park Advisory Committee may regulate its own proceedings.
(1) The Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council that any part of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./09-309 be added to Yarra Park Reserve.
(2) The Minister may make a recommendation under subsection (1) on—
(a) receiving plans of land signed by the Surveyor-General; and
(b) being satisfied that the land shown on the plans signed by the Surveyor-General represents land that is to be added to Yarra Park Reserve.
(3) On receiving a recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may declare that the land shown on the plans signed by the Surveyor-General is to be added to Yarra Park Reserve.
(4) On the publication of an Order under subsection (3)—
(a) the land shown on the plans signed by the Surveyor-General is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purpose of a public park; and
(b) the land shown on the plans signed by the Surveyor-General is taken to be included in, and form part of, the land permanently reserved under the Order in Council specified in Schedule 1; and
(c) the Trust is taken to be appointed as the committee of management for the land shown on the plans signed by the Surveyor-General under section 14(2) of the Crown Land (Reserves) Act 1978 .
(5) On the publication of an Order under subsection (3), the land shown on the plans signed by the Surveyor-General—
(a) ceases to be a road or a part of a road or a road reserve and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease; and
(b) is taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that publication.
(1) The Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council that any part of the land shown hatched and shown cross-hatched on the plan lodged in the Central Plan Office and numbered LEGL./09-308 be excised from Yarra Park Reserve.
(2) The Minister may make a recommendation under subsection (1) on—
(a) receiving plans of land signed
by the Surveyor-General; and
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(b) being satisfied that the land shown on the plans signed by the Surveyor-General represents land that is to be excised from Yarra Park Reserve.
(3) On receiving a recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may declare that the land shown on the plans signed by the Surveyor-General is taken to be a road known as Brunton Avenue.
(4) On the publication of an Order under subsection (3), the land shown on the plans signed by the Surveyor-General is taken to be—
(a) declared as a road under section 11 of the Road Management Act 2004 ; and
(b) declared as an arterial road under section 14 of the Road Management Act 2004 .
(5) On the publication of an Order under subsection (3)—
(a) subject to subsection (7), the land shown on the plans signed by the Surveyor-General is taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests applying to that land immediately before that publication; and
(b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land shown on the plans signed by the Surveyor-General.
(6) Subsection (5)(a) is not to be taken to revoke the naming of Brunton Avenue on 28 June 1938 and published in the Government Gazette on 29 June 1938.
(7) Any land excised from Yarra Park Reserve under this section is not to be taken to include any part of the Melbourne Cricket Ground.
(1) The Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council that any part of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./09-307 be excised from Yarra Park Reserve.
(2) The Minister may make a recommendation under subsection (1) on—
(a) receiving plans of land signed by the Surveyor-General; and
(b) being satisfied that the land shown on the plans signed by the Surveyor-General represents land that is to be excised from Yarra Park Reserve.
(3) On receiving a recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may declare that the land shown on the plans signed by the Surveyor-General is taken to be granted to VicTrack under section 13E of the Rail Corporations Act 1996 .
(4) On the publication of an Order under
subsection (3), the land shown on the plans signed by the Surveyor-General is
taken to be granted to VicTrack under section 13E of the Rail Corporations Act
1996 .
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(5) On the publication of an Order under subsection (3)—
(a) the land shown on the plans signed by the Surveyor-General is taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests applying to that land immediately before that publication; and
(b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land shown on the plans signed by the Surveyor-General.
The Registrar of Titles is authorised and directed to make any entries in the Register that are necessary to give effect to this Part.
(1) The Minister may make regulations for or with respect to—
(a) subject to the provision of car parking in Yarra Park Reserve in accordance with section 9, prohibiting or regulating traffic or car parking in Yarra Park Reserve;
(b) prohibiting or regulating advertising or soliciting in Yarra Park Reserve;
(c) prohibiting or regulating commercial activities in Yarra Park Reserve;
(d) any other matter or thing
required or permitted by this Act to be prescribed or necessary to be
prescribed to give effect to this Act.
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(2) Regulations made under this Act—
(a) may prescribe a penalty not exceeding 20 penalty units for a contravention of any regulation;
(b) may apply at all times or at specified times;
(c) may apply throughout the whole of Yarra Park Reserve or in a specified part or parts of Yarra Park Reserve;
(d) may apply to all cases or to all cases subject to specified exceptions or to any specified case or class of case.
(3) Regulations made under this section and any revocation of any such regulations must be published in the Government Gazette.
(4) Regulations made under this section and any revocation of any such regulations come into operation on the day that they are published in the Government Gazette.
(5) Despite section 13(5) of the Crown Land (Reserves) Act 1978 , any person who contravenes any regulation made under section 13 of that Act that applies to Yarra Park Reserve (other than a regulation of the kind referred to in section 13(6) of that Act) is liable to a penalty of not more than 20 penalty units.
(6) Despite section 13(6) of the Crown Land (Reserves) Act 1978 , any person who contravenes any regulation made under that section for or with respect to prohibiting the depositing and the leaving of any unwanted material or thing on Yarra Park Reserve is liable to a penalty of not more than 20 penalty units.
Note
Regulations made under this Act and regulations made under the Crown Land (Reserves) Act 1978 are relevant laws under the Conservation, Forests and Lands Act 1987 . An offence under a relevant law may be enforced by way of infringement notice. See section 91 of the Conservation, Forests and Lands Act 1987 .
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(1) The amendment of this Act by the 2009 Act is not to be taken to affect the status or continuity of a vendor licence that is in force immediately before the commencement of that Act.
(2) On and from the commencement of the 2009 Act, a vendor licence that is in force immediately before that commencement has effect—
(a) as a licence between the Trust as licensor and the licensee for the time being under the licence, as if it had been assigned to the Trust; and
(b) as if the Trust were a party to the licence instead of the Council.
(3) Nothing in this section is to be taken as having the effect of transferring or assigning to the Trust any right, liability or obligation under a vendor licence, to the extent that the right, liability or obligation existed before the commencement of the 2009 Act or arises from events or circumstances that occurred or existed before that commencement.
(4) In this section—
"vendor licence" means—
(a) a licence for the sale of refreshments or novelties in Yarra Park Reserve entered into by the Council with Event Catering Solutions Australia Pty Ltd, ABN 32 457 585 833 on 26 October 2007;
(b) the licence for the sale of refreshments or novelties in Yarra Park Reserve entered into by the Council with Krisanth Pty Ltd, ABN 44 087 775 273 on 26 October 2007.
(1) The amendment of this Act by the 2009 Act is not to be taken to affect the status or continuity of the lease over the land delineated and shown hatched on the plan in the Schedule and known as Punt Road Oval entered into by the Council with the Richmond Cricket Club, ABN 96 550 695 944 on 1 January 1995 that is in force immediately before the commencement of that Act.
(2) The lease referred to in subsection (1) has effect on and from the commencement of the 2009 Act—
(a) as a lease between the Trust as lessor and the lessee for the time being under the lease, as if it had been assigned to the Trust; and
(b) as if the Trust were a party to the lease instead of the Council.
(3) Nothing in this section is to be taken as having the effect of transferring or assigning to the Trust any right, liability or obligation under the Punt Road Oval lease, to the extent that the right, liability or obligation existed before the commencement of the 2009 Act or arises from events or circumstances that occurred or existed before that commencement.
(1) The amendment of this Act by the 2009 Act is not to be taken to affect the status or continuity of a management contract that is in force immediately before the commencement of that Act.
(2) On and from the commencement of the 2009 Act, a management contract that is in force immediately before that commencement has effect—
(a) in so far as the contract relates to Yarra Park Reserve, as a contract between the Trust and the other party for the time being under the contract, as if it had been assigned to the Trust; and
(b) in so far as the contract
relates to Yarra Park Reserve, as if the Trust were a party to the contract
instead of the Council.
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(3) Nothing in this section is to be taken as having the effect of transferring or assigning to the Trust any right, liability or obligation under a management contract, to the extent that the right, liability or obligation existed before the commencement of the 2009 Act or arises from events or circumstances that occurred or existed before that commencement.
(4) In this section—
"management contract" means—
(a) the contract for the management and maintenance of parks and gardens in the City of Melbourne entered into by the Council with CityWide Services Solution Pty Ltd, ABN 94 066 960 085 on 1 April 2004;
(b) the contract for the management and maintenance of trees in the City of Melbourne entered into by the Council with CityWide Services Solution Pty Ltd, ABN 94 066 960 085 on 1 April 2004;
(c) the contract for the management of car parking in certain parks and gardens in the City of Melbourne entered into by the Council with S & K Car Park Management Pty Ltd, ABN 94 108 043 689 on 1 October 2008.
(1) Nothing in the amendments made to this Act by the 2009 Act is to be taken as having the effect of—
(a) making the Trust a party to the Punt Road Oval Agreement; or
(b) giving rise to any duty of the Trust or liability or other obligation on the Trust arising out of the Punt Road Oval Agreement.
(2) In this section, the "Punt Road Oval Agreement" means the Funding Agreement for the Redevelopment of Training, Administrative and Community Facilities at Punt Road Oval entered into between the State of Victoria, the Melbourne City Council, the Richmond Football Club, ABN 25 679 793 340, and the Australian Football League, ACN 004 155 211 on 29 June 2009 in respect of the land described in the Schedule.
On the commencement of the 2009 Act any regulations made under section 13 of the Crown Land (Reserves) Act 1978 that applied to the whole or any part of Yarra Park Reserve immediately before that commencement are revoked to the extent that they apply to Yarra Park Reserve.
(1) On the commencement of the 2009 Act, the Yarra Park Parking Agreement ceases to have effect.
(2) In this section, the "Yarra Park Parking Agreement" means the Yarra Park Parking Agreement entered into between the Melbourne City Council and the Minister for Planning on 28 October 2005 in respect of Yarra Park Reserve.".
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