Version No. 002
Land (Goonawarra Golf Course) Act 1988
Act No. 6/1988
Version incorporating amendments as at 22 November 2000
table of provisions
Section Page
ii
Section Page
1. Purpose 2
2. Commencement 3
3. Definitions 3
4. Sale of Goonawarra Golf Course 3
5. Use of Goonawarra Golf Course 4
6. Legal effect of sub-lease 5
7. No compensation or damages payable 6
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SCHEDULE—Provisions referred to in section 6(3) 8
SCHEDULE 1—Club premises 17
SCHEDULE 2—Rental 18
SCHEDULE 3—Golf course equipment 19
SCHEDULE 4—Annual maintenance program 21
SCHEDULE 5—Golf course plant 24
SCHEDULE 6—Role of the golf professional 26
SCHEDULE 7—Club playing rights 27
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ENDNOTES 28
1. General Information 28
2. Table of Amendments 29
3. Explanatory Details 30
ii
Version No. 002
Land (Goonawarra Golf Course) Act 1988
Act No. 6/1988
Version incorporating amendments as at 22 November 2000
1
Act No. 6/1988
Land (Goonawarra Golf Course) Act 1988
Preamble
WHEREAS—
(a) in accordance with the terms of an agreement made on 27 July 1978 between the Housing Commission of Victoria and the Municipality of the Shire of Bulla—
(i) the Goonawarra Golf Course and its associated facilities were established; and
(ii) the Commission leased the Goonawarra Golf Course and its facilities to the Municipality on the condition that the Municipality maintain it; and
(iii) the lease included an option to purchase the Goonawarra Golf Course and its facilities exercisable by the Municipality for a consideration to be agreed between the Housing Commission of Victoria and the Municipality but not to be more than $800000, payable in equal annual instalments spread over a period of 25years, interest free; and
(iv) a private golf club called the Goonawarra Golf Club Limited was established; and
(b) in accordance with the terms of an agreement made on 31 December 1981 between the Housing Commission of Victoria, the Municipality of the Shire of Bulla and the Goonawarra Golf Club Limited—
(i) the Municipality sub-leased part of the Goonawarra Golf Course to the Goonawarra Golf Club Limited; and
(ii) the sub-lease included licences for the Goonawarra Golf Club Limited, its members and invitees to use the rest of the Goonawarra Golf Course at certain times; and
(iii) the sub-lease included an option to renew the sub-lease and the licences, exercisable by the Goonawarra Golf Club Limited for successive periods of 5 years, but not more than a total period of 75 years, on the same rental and other terms as those included in the sub-lease; and
(c) having regard to the fact that the Municipality of the Shire of Bulla has maintained the Goonawarra Golf Course in the past and will maintain it in the future, it is desirable to authorise the sale of the Goonawarra Golf Course to the Municipality; and
(d) to enable reasonable access to and use of the Goonawarra Golf Course by the public, it is proposed to make provision concerning the legal effect of the sub-lease to the Goonawarra Golf Club Limited, so as to balance equitably the interests of the members of the Goonawarra Golf Club Limited and the general public:
The Parliament of Victoria therefore enacts as follows:
1. Purpose
s. 1
The purpose of this Act is—
(a) to authorise the sale of the Goonawarra Golf Course to the Municipality of the Shire of Bulla; and
(b) to provide for the legal effect of certain documents and for other matters consequential on the sale.
2. Commencement
s. 2
This Act comes into operation on the day on which it receives the Royal Assent.
3. Definitions
In this Act—
"Goonawarra Golf Course" means the Golf Course described in clause 1(v) of the Schedule;
"Municipality" means the President, Councillors and Ratepayers of the Shire of Bulla;
"sub-lease" means the sub-lease of part of the Goonawarra Golf Course made on 31December 1981 between the Municipality and the Goonawarra Golf Club Limited and includes the licences and options to renew granted under that sub-lease.
4. Sale of Goonawarra Golf Course
(1) The Director of Housing, as successor of the Housing Commission of Victoria, is by this section authorised to sell the Goonawarra Golf Course to the Municipality on terms determined in accordance with this section.
(2) The Municipality is by this section authorised to purchase the Goonawarra Golf Course on the terms determined in accordance with this section.
(3) The terms of a sale authorised by this section are—
(a) if the sale occurs not later than 3 months after the date of commencement of this Act—
(i) a consideration to be agreed between the Director and the Municipality, but not being more than $800000, payable in equal annual instalments spread over 25 years, interest free; and
(ii) any other terms agreed between the Director and the Municipality; or
(b) if the sale occurs more than 3 months after the date of commencement of this Act—
(i) a consideration to be determined by the Valuer-General at the request of either the Director or the Municipality having regard to the market value of the land; and
(ii) any other terms agreed between the Director and the Municipality.
5. Use of Goonawarra Golf Course
s. 5
(1) This section applies despite anything to the contrary in any Act or law.
(2) The Municipality, while it is the holder of an interest as purchaser under a contract of sale of the Goonawarra Golf Course in accordance with section 4, and while it is the registered proprietor of the Goonawarra Golf Course, must ensure that—
(a) the Goonawarra Golf Course is used only as a golf course; and
(b) members of the public who wish to play golf on the Goonawarra Golf Course and who do not have a right to play as members of a golf club are given reasonable access to, and use of, the Course.
(3) A person (other than the Municipality) who is for the time being registered as the proprietor of the Goonawarra Golf Course under the Transfer of Land Act 1958 must ensure that—
(a) the Goonawarra Golf Course is used only as a golf course; and
(b) members of the public who wish to play golf on the Goonawarra Golf Course and who do not have a right to play as members of a golf club are given reasonable access to, and use of, the Course.
Penalty: 10 penalty units.
(4) As well as any penalty imposed under sub-section (3), a person convicted of an offence against that sub-section is liable to a penalty of not more than 10 penalty units for each day on which the offence continues after conviction.
6. Legal effect of sub-lease
s. 6
(1) The sub-lease has effect as if the lease of the Goonawarra Golf Course made on 31 December 1981 between the Housing Commission of Victoria and the Municipality continued in force, and the failure to renew that lease at the end of its term does not affect the existence, previous operation or continuing effect to the sub-lease.
(2) Subject to this section, any sale of the Goonawarra Golf Course in accordance with section 4 is subject to the sub-lease.
(3) On the sale of the Goonawarra Golf Course in accordance with section 4, the sub-lease has effect as a lease between the Municipality as lessor and the Goonawarra Golf Club Limited as lessee, and as if—
(a) the execution and attestation provisions of the sub-lease referred to a lease, instead of a sub-lease; and
(b) instead of the other provisions contained in the sub-lease, the sub-lease contained the provisions of the Schedule.
(4) This section applies despite anything to the contrary in the agreement made on 31 December 1981 between the Housing Commission of Victoria, the Municipality and the Goonawarra Golf Club Limited.
7. No compensation or damages payable
s. 7
(1) No amount is payable by the Crown, the Director of Housing, the Municipality or any other person, as compensation or damages (whether by statute, for breach of contract or under any rule of law)—
(a) in respect of anything done under or arising out of the provisions of the Schedule, except—
(i) where the Schedule otherwise expressly provides; or
(ii) for a contravention of a provision of the Schedule; or
(b) in respect of anything done under or arising out of any other provision of this Act; or
S. 7(1)(c) amended by No. 74/2000 s.3(Sch. 1 item67).
(c) because of the variation or diminution, by this Act, of an interest, right or liability;
(d) because of the variation by this Act of the terms and legal effect of the sub-lease.
(2) In sub-section (1), a reference to breach of contract includes, but is not limited to—
(a) breach of the agreement made on 27 July 1978 between the Housing Commission of Victoria and the Municipality, concerning the Goonawarra Golf Course; and
s. 7
(b) breach of the agreement made on 31December 1981 between the Housing Commission of Victoria, the Municipality and the Goonawarra Golf Club Limited.
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SCHEDULE
Section 6(3)
Provisions referred to in section 6(3)
Sch.
THE PRESIDENT, COUNCILLORS AND RATEPAYERS OF THE SHIRE OF BULLA of Macedon Street, Sunbury (hereinafter called "the Shire") HEREBY LEASES to GOONAWARRA GOLF CLUB LIMITED of Clubhouse, Francis Boulevard, Sunbury (hereinafter called "the Club") all that land being the Goonawarra Golf Clubhouse and its immediate surrounds more particularly described in Schedule 1 hereto together with all improvements plant machinery and equipment now or hereafter installed thereon (hereinafter called "the club premises") TO BE HELD by the Club for the term of five (5) years commencing on the date of commencement of the Land (Goonawarra Golf Course) Act 1988 (hereinafter called "the commencement date") at the annual rental hereinafter reserved subject to the covenants and powers implied by statute unless hereby negatived or modified and to the covenants and conditions hereinafter contained.
1. Definitions
In this lease unless the contrary intention appears—
(i) the expression "the Minister" means the Minister administering the Land (Goonawarra Golf Course) Act 1988;
(ii) the expression "the Shire" means the Shire or other person entitled to the reversion immediately expectant on determination of the term hereby created and (where not repugnant to the context) the servants or agents of the Shire and other persons authorised by the Shire;
(iii) the expression "the Club" means the Club and the permitted transferees and assigns of the Club and (where not repugnant to the context) the servants agents and invitees of the Club;
(iv) "the term of the lease" or "the said term" means the actual term created by this lease and also (where not repugnant to the context) any renewal thereof and any period during which the Club shall hold over or be or remain a tenant or in occupation of the club premises;
(v) the expression "the Golf Course" means the golf course known as the Goonawarra Golf Course and being the whole of the land described in Certificate of Title Volume 9428 Folio 283 and Volume 9428 Folio285 together with all existing buildings or improvements now or hereafter to be erected thereon other than the club premises;
(vi) references to statutes shall include any amendments re-enactments or consolidations thereof;
(vii) words importing the singular number shall include the plural and the masculine gender shall include the feminine or neuter and vice versa;
(viii) any reference to a person shall be deemed to include a corporate body and vice versa;
(ix) headings of clauses and marginal notes have been inserted for guidance only and shall not be deemed to form any part of this lease or to affect the construction thereof.
Sch.
2. Rental
The Club shall pay to the Shire an annual rental calculated at the rate and in the manner set out in Schedule 2 hereto and payable quarterly on the days appointed in the said Schedule.
3. Use by Club
(1) The Club further covenants with the Shire that the Club shall not at any time during the said term use the Golf Course and/or the club premises or permit or suffer to be used the Golf Course and/or the club premises for any purpose other than that of a golf course and/or private golf club operating therefrom including all related or ancillary activities or services.
(2) The Club shall at all times store and keep all trade waste and garbage emanating from the club premises in proper receptacles kept within an area designated as a garbage storage area and to make suitable arrangements for the disposal thereof and at all times refrain from ejecting or abandoning from the club premises or depositing or leaving elsewhere in or about the club premises any such trade waste and garbage.
(3) The Shire shall ensure that usual public facilities including changing rooms and golf professional's shop are available to persons desiring to play golf on the Golf Course.
4. Maintenance—Golf Course
(1) The Shire shall at the cost and expense in all things of the Shire well and substantially repair and maintain as a golf course in good and substantial condition the Golf Course and all improvements and installed equipment thereon or therein (including the installed sprinkler system and all existing fencing and all other equipment specified in Schedule 3 hereof) and without prejudice to the generality of the foregoing the Shire shall strictly adhere to the Annual Maintenance Programme set out in Schedule 4 and the Club shall not be liable for any maintenance costs during the period of this lease.
(2) The Shire shall ensure that the fairways, greens and other physical features of the Golf Course remain substantially unaltered and in particular remain planted as at present subject to such alterations as may be agreed between the parties.
Sch.
5. Maintenance—plant and equipment
(1) The Shire shall provide all mechanical equipment and other plant and machinery necessary or desirable to enable the Golf Course to be maintained as a golf course of high standard suitable for competitive play under Victorian Golf Association conditions (including in particular the plant and equipment set out in Schedule 5 hereto).