VersionNo. 050
Melbourne and Olympic Parks Act1985
No. 10206 of 1985
Version incorporating amendments as at
12 December 2016
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Short title
2Commencement
3Purposes of this Act
4Definitions
4AFilming Approval Act 2014
Part 2—Constitution of the Trust
5Establishment of Trust
6Powers and functions
6ATrust is committee of management under the Crown Land (Reserves) Act 1978 for Gosch's Paddock
7Further powers
7AMinister must approve carrying out of certain functions
7BConflict of powers
8Membership
9Membership not an office of profit
10Terms of office
11Resignation and Removal
12Chairperson
13Acting member
14Payment of members
15Procedure of Trust
16Convening of meetings
16AEffect of vacancy or defect
16BMember's pecuniary interest
16CImmunity
16DStaff
16EDelegation
16FBusiness plan
16GReporting
Part 4—Financial and general provisions
17Melbourne and Olympic Parks Trust Fund
18Borrowing and investment powers
22Regulations
22APowers of removal
22BProceedings for offences
Part 5—Melbourne Park
23Power to excise an area to be surveyed from Flinders Park
24Power to excise an area to be surveyed from Yarra Park
25Power to excise an area to be surveyed from the Public Park Reserve
25ADivesting and reservation of railway land
25BFurther power to excise area to be surveyed from Flinders Park
25CFurther power to excise area to be surveyed from Yarra Park
25DFurther power to excise area to be surveyed from the Public Park Reserve
25EPower to excise additional area from Yarra Park
25FPower to excise additional area from Public Park Reserve
26No compensation payable by Crown
26ASupreme Court—limitation of jurisdiction
27Total area of excisions
28Obligations of Registrar of Titles
29Power to enter and use reserved lands
30Transitional provision
Part 5A—Further National Tennis Centre land
30AFlinders Park land
30BClosure of road
30CReservation of land—former part of Flinders Park
30DFormer VicTrack land
30EThrowing cages and adjacent land
30FObligations of Registrar of Titles
Part 5B—Batman Avenue bridge
30FARevocation of reservations
30FBLand and strata of land to be added to national tennis centre land—Batman Avenue bridge
30FCObligations of Registrar of Titles
Part 6—Olympic Park land
31Olympic Park Reservation
31ARevocation of part of Melbourne City Link Reservation and reservation as Olympic Park land
31BReservation of former City Link land
31CReserved Army Barracks land
31DClosure of road and reservation of Army Barracks land
32Registrar of Titles to make necessary amendments to Register
Part 6A—Gosch's Paddock
32ARoad closure—Gosch's Paddock
32BGosch's Paddock
Part 7—Transitionals
33Abolition of Funds and transitional
34Certain leases and licences not affected
Schedule
═══════════════
Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 050
Melbourne and Olympic Parks Act1985
No. 10206 of 1985
Version incorporating amendments as at
12 December 2016
An Act to establish a National Tennis Centre Trust to administer a national tennis centre and for other purposes.
1
Part 1—Preliminary
Melbourne and Olympic Parks Act1985
No. 10206 of 1985
The Parliament of Victoria enacts as follows:
Pt 1 (Heading) inserted by No. 34/1995 s.4.
Part 1—Preliminary
S. 1
amended by No. 34/1995 s.5.
1Short title
This Act may be cited as the Melbourne and Olympic ParksAct 1985.
2Commencement
This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
3Purposes of this Act
The purposes of this Act are—
S. 3(a) substituted by No. 34/1995 s.6,
amended by No. 56/1997
s. 3(a).
(a)to create a Melbourne and Olympic Parks Trust to administer the National Tennis Centre, Olympic Park and certain other land and facilities for the purposes of tennis, other sports, recreation and entertainment; and
S. 3(b) substituted by No. 34/1995 s.6.
(b)to provide for the management and operation of the National Tennis Centre and Olympic Park; and
S. 3(c) substituted by No. 34/1995 s.6,
amended by No. 56/1997
s 3(b).
(c)to provide for the use and promotion of the National Tennis Centre and Olympic Park; and
S. 3(d) inserted by No. 56/1997
s. 3(b), amended by No. 62/2007 s.4(1).
(d)to provide for the development, promotion, management, operation and use of sports, recreation and entertainment facilities and services in Victoria in addition to those at the National Tennis Centre and Olympic Park; and
S. 3(e) inserted by No. 62/2007 s.4(2).
(e)to provide for the management of Gosch's Paddock by the Trust as a committee of management under the CrownLand (Reserves) Act 1978.
4Definitions
In this Act unless inconsistent with the context or subject-matter—
S. 4 def. of association repealed by No. 56/1997
s. 6(2).
*****
S. 4 def. of Central Plan Office inserted by No. 62/2007 s.5(1), substitutedby No.52/2016 s.3(1).
Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;
S. 4 def. of centre repealed by No. 34/1995 s.7(b).
*****
S.4 def. of film friendly principles insertedby No.51/2014 s.9(Sch.2 item9.1).
film friendly principles has the same meaning as in the Filming Approval Act 2014;
S.4 def. of film permit insertedby No.51/2014 s.9(Sch.2 item9.1).
film permit has the same meaning as in the Filming Approval Act 2014;
S. 4 def. of Gosch's Paddock inserted by No. 62/2007 s.5(1).
Gosch's Paddockmeans the land reserved under section 32B;
S. 4 def. of MelbournePark
inserted by No. 34/1995 s.7(a).
MelbourneParkincludes the national tennis centre land;
S. 4 def. of member amended by No. 34/1995 s.7(c).
member means a member of the Melbourne and Olympic Parks Trust and includes the chairperson and a person appointed to act as a member or chairperson;
S. 4 def. of National Tennis Centre inserted by No. 34/1995 s.7(a).
National Tennis Centre means the national tennis centre land at Melbourne Park and the facilities for the purposes of tennis, other sports, recreation and entertainment on that land;
S. 4 def. of national tennis centre land amendedby Nos 90/1994 s.3, 42/1998
s. 4, substituted by No. 62/2007 s.5(2), amendedby No.52/2016 s.3(2).
national tennis centre land means—
(a)the land excised under sections 23, 24 and 25; and
(b)the land reserved under sections 25A, 25B, 25C, 25D, 25E and 25F; and
(c)the land reserved under section 30A; and
(d)the land reserved under section 30C; and
(e)the land reserved under section 30D; and
(f)the land reserved under section 30E; and
(g)the land (including any stratum of land) reserved under section 30FB;
S. 4 def. of Olympic Park
inserted by No. 34/1995 s.7(a).
Olympic Park means the olympic park land and the facilities for the purposes of sport, recreation and entertainment on that land;
S. 4 def. of Olympic Park land
inserted by No. 34/1995 s.7(a), amended by No. 50/1998 s.41, substituted by Nos 81/2000 s.41, 62/2007 s.5(3).
Olympic Park land means—
(a)so much of the land that is described in Part 5 of the Schedule as is shown in the plan numbered LEGL./00–24 lodged in the Central Plan Office as—
(i)parcels A, B and C; and
(ii)a sport recreation and entertainment reserve; and
(b)the land reserved under section 31C; and
(c)the land reserved under section 31D;
S.4 def. of police officer insertedby No.37/2014 s.10(Sch. item 110.1).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 4 def. of Trust amended by No. 34/1995 s.7(d).
Trust means the Melbourne and Olympic Parks Trust established by this Act.
S.4A insertedby No.51/2014 s.9(Sch.2 item9.2).
4AFilming Approval Act 2014
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
Pt 2 (Heading) inserted by No. 34/1995 s.8.
Part 2—Constitution of the Trust[1]
S. 5 substituted by No. 34/1995 s.8.
5Establishment of Trust[2]
(1)There is established a Trust to be called the Melbourne and Olympic Parks Trust.
(2)The Trust—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name; and
(d)may acquire, hold and dispose of real and personal property; and
(e)may do and suffer all acts and things that a body corporate may, by law, do and suffer.
(3)The common seal must be kept as directed by the Trust and must not be used except as authorised by the Trust.
(4)All courts must take judicial notice of the seal of the Trust on a document and, until the contrary is proved, must presume that the document was properly sealed.
S. 6
amended by No. 73/1986 s.4(a), substituted by No. 34/1995 s.8.
6Powers and functions
(1)The Trust has the following functions—
(a)to be responsible for the care, improvement, use and promotion of the National Tennis Centre and Olympic Park as facilities for tennis, other sports, recreation and entertainment;
(b)to operate the National Tennis Centre and Olympic Park efficiently and effectively to obtain the best possible use of the facilities;
(c)to provide planning for the operation of the National Tennis Centre and Olympic Park which is co-ordinated between the two facilities;
(d)to be responsible for proper financial management of the National Tennis Centre and Olympic Park;
S. 6(1)(e) substituted by No. 56/1997
s. 4(1).
(e)to provide for the planning, development, promotion, management, operation and use of other sports, recreation and entertainment facilities and services in Victoria; and
S. 6(1)(f) substituted by No. 56/1997
s. 4(1).
(f)to provide for the development, promotion, management, operation and use of facilities and services for the parking of vehicles and other necessary services to be used in conjunction with any of the facilities operated or managed by the Trust; and
S. 6(1)(fa) inserted by No. 62/2007
s. 6(1).
(fa)to be the committee of management under the CrownLand (Reserves) Act 1978 for Gosch's Paddock; and
S. 6(1)(g) inserted by No. 56/1997
s. 4(1), amended by No.19/2003 s.31(a).
(g)to accept appointment and act as a committee of management of Crown lands; and
S. 6(1)(h) insertedby No.19/2003 s.31(b), amended by No. 62/2007 s.6(2)
(h)to carry out any other function conferred on or given to the Trust by or under this Act orany other Act.
S. 6(1A) inserted by No. 56/1997
s. 4(2), amended by No. 62/2007 s.6(3).
(1A)The Trust must not carry out any of its functions with respect to land, facilities or services outside the National Tennis Centre, Olympic Park or Gosch's Paddockor exercise any powers in relation to those functions without the approval of the Premier, the Treasurer and the Minister.
(2)The Trust has all the powers necessary to enable it to perform its functions.
(3)The Minister may give the Trust directions in relation to the carrying out of its functions under this Act.
(4)The Trust must comply with the directions of the Minister in carrying out its functions under this Act.
S. 6A insertedby No. 62/2007 s.7
6ATrust is committee of management under the CrownLand (Reserves) Act 1978 for Gosch's Paddock
On the publication of an Order under section32B, the Trust is deemed to be the committee of management of Gosch's Paddock appointed under the CrownLand (Reserves) Act 1978.
S. 7
amended by Nos 73/1986 s.4(b)–(d), 77/1988 s.4, substituted by No. 34/1995 s.8, amendedby No. 62/2007 s.8(6) (ILA s.39B(1)).
7Further powers[3]
(1)Without limiting section 6(2), the Trust has the power to do all or any of the following—
(a)in the case of the National Tennis Centre and Olympic Park—
(i)subject to the consent of the Minister administering the CrownLand (Reserves) Act 1978, grant leases of the whole or any part of the National Tennis Centre or Olympic Park;
(ii)grant licences or permits for the use or development of the whole or any part of the National Tennis Centre or Olympic Park;
S. 7(1)(b) substituted by No. 56/1997
s. 5(a), amended by No. 62/2007 s.8(1).
(b)in the case of any other land or facilities (except Gosch's Paddock) managed or operated by the Trust—
(i)grant licences or permits for the use or development of the whole or any part of that land or those facilities; or
(ii)enter into leases;
(d)appoint agents or engage consultants;
(e)impose a fee or charge for—
S. 7(1)(e)(i) amended by Nos 56/1997
s. 5(b), 62/2007 s.8(2).
(i)entry to the whole or any part of the National Tennis Centre or Olympic Park or any other land, facilities or services managed or operated by the Trust (except for Gosch's Paddock), whether or not that entry is for the purposes of a particular event or activity or otherwise and whether or not the fee or charge is collected, either in whole or in part, on behalf of another person; or
S. 7(1)(e)(ii) amended by Nos 56/1997
s. 5(c), 62/2007 ss8(2), 17(1).
(ii)the use of facilities or services at the National Tennis Centre or Olympic Park or any other facilities or services managed or operated by the Trust (except for Gosch's Paddock);
Note to s.7(1)(e) inserted by No. 62/2007 s.8(3)
Note
The Trust is a committee of management under the CrownLand (Reserves) Act 1978 for Gosch's Paddock.
S. 7(1)(f) amended by Nos 56/1997
s. 5(b), 62/2007 s.8(4).
(f)subject to paragraph (fa), enter intocontracts, agreements or arrangements for the carrying out of its functions, including, but not limited to, contracts agreements or arrangements for the provision of goods or services to the Trust or at the National Tennis Centre or Olympic Park or any other land, facilities or services managed or operated by the Trust;
S. 7(1)(fa) inserted by No. 62/2007 s.8(5).
(fa)in the case of Gosch's Paddock, subject to the Crown Land (Reserves) Act 1978 and any regulations made under that Act, enter into contracts, agreements or arrangements for the carrying out of its functions in respect of Gosch's Paddock;
(g)apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights;
(h)assign or grant licences in respect of those intellectual property rights, with or without charge;
(i)enter into agreements and arrangements for commercial exploitation of intellectual property rights.
S. 7(2) inserted by No. 62/2007 s.8(6).
(2)Despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act and subject to subsection (3), the Trust may grant licences for a period of not more than 21years for the use of the whole or any part of Gosch's Paddock for purposes that are not substantially detrimental to the reservation of Gosch's Paddock as a public park.
S. 7(3) inserted by No. 62/2007 s.8(6).
(3)The Trust must not grant a licence under subsection (2) unless—
(a)the Minister has given his or her written approval to the granting of the licence; and
(b)the Minister administering the CrownLand (Reserves) Act 1978 has given approval in accordance with that Act as if the licence were a licence granted under that Act and the approval is in force.
S. 7(4) inserted by No. 62/2007 s.8(6).
(4)The Trust may grant permits for the use of the whole or any part of Gosch's Paddock for purposes that are not detrimental to the reservation of Gosch's Paddock as a public park.
S. 7(5) inserted by No. 62/2007 s.8(6).
(5)Despite anything to the contrary in the CrownLand (Reserves) Act 1978or any regulations made under that Act, the Trust must not enter into any lease under that Act or any tenancy agreement under that Act in respect of Gosch's Paddock.
S. 7A insertedby No. 62/2007 s.9.
7AMinister must approve carrying out of certain functions
(1)Despite anything to the contrary in the CrownLand (Reserves) Act 1978 or any regulations made under that Act, the Trust must not construct or carry out any works in Gosch's Paddock without the written approval of the Minister.
(2)The Minister must consult with the Minister administering the CrownLand (Reserves) Act 1978 before giving an approval under subsection(1).
(3)In this section works does not include—
(a)tents, marquees, shelters and other similar temporary structures; or
(b)non-commercial signage; or
(c)maintenance and repair of existing structures; or
(d)horticultural works and plantings; or
(e)works required to maintain public safety; or
(f)any other minor works.
S. 7B insertedby No. 62/2007 s.9
7BConflict of powers
In respect of the management of Gosch's Paddock, subject to sections 7 and 7A, to the extent that there is any inconsistency between the powers and functions of the Trust under this Act and the CrownLand (Reserves) Act 1978 or any regulations made under that Act, the CrownLand (Reserves) Act 1978 prevails.
S. 8
amended by No. 73/1986 s.5(a)(i)(ii), substituted by No. 34/1995 s.8.
8Membership
The Trust is to consist of 12 members appointed by the Governor in Council of whom—
(a)9 persons are to be appointed on the nomination of the Minister;
S. 8(b) amended by No. 56/1997
s. 6(3).
(b)2 persons are to be appointed on the nomination of the Lawn Tennis Association of Australia;
(c)1 person is to be appointed on the nomination of the Victorian Tennis Association.
S. 9 substituted by No. 34/1995 s.8.
9Membership not an office of profit
A member of the Trust shall not be taken by reason of being such a member of the Trust to hold an office or place of profit under the Crown which would—
(a)prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or
(b)make void the member's election to the Legislative Council or Legislative Assembly; or
(c)prevent the Member continuing to be a member of the Legislative Council or Legislative Assembly; or
(d)subject the member to liability to a penalty under the Constitution Act 1975.
S. 10 substituted by No. 34/1995 s.8.
10Terms of office
(1)A member of the Trust holds office—
(a)for the period, not exceeding 4 years; and
(b)upon the terms and conditions—
specified in his or her instrument of appointment.
(2)A member of the Trust is eligible for reappointment.
S. 10(3) amended by No. 46/1998
s. 7(Sch. 1), substitutedbyNos108/2004 s.117(1) (Sch.3 item127.1), 80/2006 s.26(Sch. item65).
(3)The Public Administration Act 2004 (other than Part3 of that Act) applies to a member in respect of the office of member.
S. 11 amended by No. 73/1986 s.5(b), substituted by No. 34/1995 s.8.
11Resignation and Removal
(1)A member of the Trust may resign the office of member by writing signed by the member and addressed to the Governor in Council.
(2)The Governor in Council may at any time remove a member of the Trust from office.
(3)If a member of the Trust dies, resigns or is removed from office, the Governor in Council may, in accordance with this Act, fill the vacant office.
S. 12 substituted by No. 34/1995 s.8.
12Chairperson
(1)The chairperson must be appointed by the Governor in Council from the members of the Trust.
(2)The chairperson holds that office for the term specified in his or her instrument of appointment and is eligible for reappointment.
(3)The chairperson may resign that office by writing signed by him or her and addressed to the Governor in Council.
(4)The Governor in Council may at any time remove the chairperson from office.
(5)The chairperson ceases to hold that office on ceasing to be a member of the Trust.
S. 13 substituted by No. 34/1995 s.8.
13Acting member
(1)If a member of the Trust is unable to perform the duties or functions of his or her office, the Governor in Council may appoint a person qualified to be appointed to that office to act in that office during the period of inability.
(2)The Governor in Council—
(a)subject to this Act, may determine the terms and conditions of appointment of an acting member; and
(b)may at any time terminate the appointment.
(3)While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the office in which that person is acting.
S. 14 substituted by No. 34/1995 s.8.
14Payment of members
(1)A member other than a member who is—
(a)a member of the Legislative Council or the Legislative Assembly; or
S. 14(1)(b) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s.117(1) (Sch.3 item127.2).
(b)an employee of the public service within the meaning of the Public Administration Act 2004; or
(c)an employee of the Association or of the Victorian Tennis Association—
is entitled to receive the fees, if any, that are fixed from time to time by the Governor in Council for that member.
(2)A member is entitled to receive the allowances that are fixed from time to time by the Governor in Council.
S. 15 substituted by No. 34/1995 s.8.
15Procedure of Trust
(1)The chairperson or, in the absence of the chairperson, a person appointed as acting chairperson, must preside at a meeting of the Trust at which he or she is present.
(2)If neither the chairperson nor an acting chairperson is present at a meeting the members present may elect a member to preside at the meeting.