Land (Revocation of Reservations) (ConventionCentreLand) Act 2008
No. 41 of 2008
table of provisions
SectionPage
ClausePage
1Purpose
2Commencement
3Definitions
4Revocation of reservation—Yarra River Wharf land
5Revocation of reservation—Polly Woodside land
6Consequences of revoking reservations
7Registrar of Titles to make necessary amendments
8Preservation of project agreements
9Validation of project agreements
______
SCHEDULES
SCHEDULE 1—Land in Respect of which Reservations are Revoked
SCHEDULE 2—Yarra River Wharf Land
SCHEDULE 3—Polly Woodside Land
═══════════════
EndnoteS
1
ClausePage
Victoria
1
ClausePage
1
ClausePage
Land (Revocation of Reservations) (ConventionCentreLand) Act 2008[†]
No. 41 of 2008
[Assented to 26 August 2008]
1
Land (Revocation of Reservations) (ConventionCentreLand) Act 2008
No. 41 of 2008
1
Land (Revocation of Reservations) (ConventionCentreLand) Act 2008
No. 41 of 2008
The Parliament of Victoriaenacts:
1
Land (Revocation of Reservations) (ConventionCentreLand) Act 2008
No. 41 of 2008
1Purpose
The main purpose of this Act is to revoke the permanent reservations of certain lands in the YarraRiverWharf and Polly Woodside areas.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3Definitions
s. 3
In this Act—
new Convention Centre means the buildings that are or are to be constructed at or in the vicinity of YarraRiverWharf that are to comprise a convention centre and associated works;
project agreement means any of the following agreements—
(a)the agreement entitled "Project Agreement in relation to the MelbourneConvention Centre Development" entered into pursuant tosection 14 of the Project Development and Construction Management Act 1994between the Secretary and Plenary Conventions Pty Ltd, ACN 113 442 569 dated 10 March 2006 as amended and restated on 24May 2006 in relation to the design, construction and financing of the new Convention Centre;
(b)the agreement entitled "Construction Direct Agreement" entered into pursuant to section 14 of the Project Development and Construction Management Act 1994between the Secretary, Plenary Conventions Pty Ltd, ACN 113 442 569 and MultiplexConstructions Pty Ltd, ABN70 107007 527 dated 24 May 2006 in relation to the construction of the new Convention Centre;
(c)the agreement entitled "Services Provider Direct Agreement" entered into pursuant to section 14 of the Project Development and Construction Management Act 1994between the Secretary, PlenaryConventions Pty Ltd, ACN113442 569 and Multiplex Facilities Management Pty Ltd, ABN83 064 638 197 dated 24 May 2006 in relation to the construction of the new Convention Centre;
s. 3
(d)the agreement entitled "PCS Services Provider Direct Agreement" entered into pursuant to section 14 of the Project Development and Construction Management Act 1994between the Secretary, PlenaryConventions Pty Ltd, ACN113442 569 and Plenary Conventions Services Pty Ltd, ABN47119 396 860dated 24 May 2006 in relation to the construction of the new Convention Centre;
(e)the agreement entitled "State Security in relation to the Melbourne Convention Centre Development" entered into pursuant to section 14 ofthe Project Development and Construction Management Act 1994between the Secretary andPlenary Conventions Pty Ltd, ACN113442569 dated 17 May 2006 in relation to security for the performance of certain obligations in the construction of the new Convention Centre;
(f)the agreement entitled "Financier Direct Deed" entered into pursuant to section 14 of the Project Developmentand Construction Management Act 1994between the Secretary, Plenary Conventions Pty Ltd, ACN 113 442 569 and PermanentCustodians Limited, ACN001 426 384dated 24May 2006 in relation to financial and security arrangements for the construction of the new Convention Centre;
s. 3
(g)the agreement entitled "Independent Reviewer Appointment Deed in relationto the Melbourne ConventionCentre Development" entered into pursuant to section 14 of the Project Development and Construction Management Act 1994between the Secretary, PlenaryConventions Pty Ltd, ACN113442569 and Philip ChunAssociates Pty Ltd, ABN28007 401 649 dated 24 May 2006 in relation to independent review of thedesign and construction of the new Convention Centre;
(h) the agreement entitled "Commercial Development Agreement – NW Precinct" entered into pursuant to section 14 of the Project Development and Construction Management Act 1994between the Secretary and Austexx Plenary Melbourne Pty Ltd, ACN 118 666 274 dated 10 March 2006 as amended and restated on 24May 2006 in relation to commercial development of the new Convention Centre site;
(i)the agreement entitled "Development Interface Agreement" entered into pursuant to section 14 of the Project Development and Construction Management Act 1994between the Secretary, Plenary Conventions Pty Ltd, ACN 113 442 569, Austexx Plenary Melbourne Pty Ltd, ACN118666 274, Plenary Conventions Hotel Pty Ltd, ACN118585 792 and Austexx Plenary Tower Pty Ltd, ACN 119 263 384 dated 10 March 2006 as amended and restated on 24 May 2006 in relation to protocols as to how certain services and parts of the new Convention Centre precinct will be shared by the parties, and how each of the parties will undertake their respective developments;
s. 3
(j)the agreement entitled "Commercial Development Agreement – Hotel"entered into pursuant to section 14 of the Project Development and Construction Management Act 1994between the Secretary and Plenary Conventions Hotel Pty Ltd, ACN118585 792 dated 10 March 2006 as amended and restated on 24May 2006 in relation to a hotel development associated with the development of the new Convention Centre site;
(k)the agreement entitled "Deed of Variation – Commercial Development Agreement – NW Precinct – in relation to the Melbourne Convention Centre Development" entered into pursuant to section 14 of the Project Development and Construction Management Act1994between the Secretary and South Wharf Retail Pty Ltd, ACN118666 274 (formerly AustexxPlenary Melbourne Pty Ltd) dated 13December 2007 in relation to commercial development of the new Convention Centre site and the South Wharf Sheds;
s. 3
(l)the agreement entitled "Works Agreement" entered into pursuant to section 14 of the Project Development and Construction Management Act 1994between the National Trust of Australia (Victoria) and Plenary Group Pty Ltd, ACN 108 934 612 dated 23May 2006 in relation to the carrying out of certain works at or around the site of Polly Woodside;
(m)the agreement entitled "Deed of Agreement" entered into pursuant to section 14 of the Project Developmentand Construction Management Act 1994between the Secretary and Plenary Group Pty Ltd, ACN108934612 dated 12 December 2007 in relation to the carrying out of a scope of works to be carried out by or on behalf of Plenary Group on the new Convention Centre;
(n)the agreement entitled "Melbourne Convention Centre Development National Trust – Scope of Works" between National Trust of Australia (Victoria) and Plenary Group Pty Ltd dated 28 November 2007 in relation to the scope of works under the Deed of Agreement as described in paragraph(m);
(o)any agreement that arises from, out of, or is in relation to orconnectedwith, an agreement referred to in paragraphs (a) to (n);
Secretaryhas the same meaning asSecretary to the Department of Infrastructurehas in the Project Development and Construction Management Act 1994.
4Revocation of reservation—YarraRiverWharf land
The Order in Council specified in item 1 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plans in Parts 1 and 2 of Schedule 2.
5Revocation of reservation—Polly Woodside land
The Order in Council specified in item 2 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule3.
s. 4
6Consequences of revoking reservations
On the revocation of an Order in Council reserving land under section 4 or 5—
(a)that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(c)the appointment of any trustee of the land is revoked to the extent that the appointment relates to that land; and
(d) any regulations under section 13 of the CrownLand (Reserves) Act 1978 are revoked to the extent that they apply to that land.
7Registrar of Titles to make necessary amendments
The Registrar of Titles must 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 provision of this Act.
s. 7
8Preservation of project agreements
The status or continuity of aproject agreement that was in force immediately before the revocation of the reservations of land under sections 4 and 5 is not to be taken to be affected by the operation of those sections to the extent that the project agreement relates to the land to which those sections apply.
9Validation of project agreements
Despite anything to the contrary in the Crown Land (Reserves) Act 1978, a project agreement entered into before the commencement of sections4 and 5 isdeemed always to have been validly entered into to the extent that the agreement was entered into inconsistently with that Actand the person entering into the project agreement on behalf of the State is deemed always to have had the power to do so to the extent that
the person did not have power to enter into that agreement under that Act.
s. 9
______
SCHEDULES
SCHEDULE 1
Sch. 1
Land in Respect of which Reservations are Revoked
Item 1—YarraRiverWharf land
Situation and area of land: / City of South Melbourne, Parish of Melbourne South, being Crown Allotments 77H and 77R.Instrument and date of reservation: / Order in Council dated 2 July 1996.
Description of land by reference to Government Gazette: / Government Gazette dated 4 July 1996, page 1712.
Purpose of reservation: / Site for public purposes (wharf and associated tourist facilities).
Extent of revocation: / The land shown hatched on the plans in Parts 1 and 2 of Schedule 2.
Item 2—Polly Woodside land
Situation and area of land: / City of South Melbourne, Parish ofMelbourne South, the remainder ofland being part of Crown Allotment77B.Instrument and date of reservation: / Order in Council dated 13 June 1984.
Description of land by reference to Government Gazette: / Government Gazette dated 20 June 1984, page 1972.
Purpose of reservation: / Site for conservation of an area of historic interest.
Extent of revocation: / The land shown hatched on the plan in Schedule 3.
______
SCHEDULE 2
Sch. 2
YarraRiverWharfLand
Part 1
______
Part 2
Sch. 2
______
SCHEDULE 3
Sch. 3
PollyWoodsideLand
═══════════════
1
Land (Revocation of Reservations) (ConventionCentreLand) Act 2008
No. 41 of 2008
EndnoteS
Endnotes
1
[†] Minister's second reading speech—
Legislative Assembly: 12 June 2008
Legislative Council: 31 July 2008
The long title for the Bill for this Act was "A Bill for an Act to provide for the revocation of reservations of various parcels of land in the YarraRiverWharf and Polly Woodside areas and for other purposes."