{"id":"port-bellarine-tourist-resort-repeal-act-2012","name":"Port Bellarine Tourist Resort (Repeal) Act 2012","slug":"port-bellarine-tourist-resort-repeal-act-2012","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173912,"registerId":"vic-port-bellarine-tourist-resort-repeal-act-2012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Port Bellarine Tourist Resort (Repeal) Act 2012","content":"Version No. 001\n\n**Port Bellarine Tourist Resort (Repeal) Act 2012**\n\n**No. 16 of 2012**\n\nVersion as at  \n4 April 2012\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\n1 Purposes 1\n\n2 Commencement 2\n\n3 Interpretation 2\n\n4 Repeal of Port Bellarine Tourist Resort Act 1981 2\n\n5 Termination of Agreement 3\n\n6 Termination of Crown lease 3\n\n7 Revocation of reservation of land 3\n\n8 Port Bellarine Committee of Management 4\n\n9 Port Bellarine Public Reserve Management Fund 4\n\n10 No amount payable by the Crown 4\n\n═══════════════\n\nENDNOTES 5\n\n1. General Information 5\n\n2. Table of Amendments 6\n\n3. Explanatory Details 7\n\n**Version No.** **001**\n\n**Port Bellarine Tourist Resort (Repeal) Act 2012**\n\n**No. 16 of 2012**\n\nVersion as at  \n4 April 2012\n\n**Preamble**\n\nIn April 1981, Grawin Pty. Limited and the State of Victoria entered into an agreement for the development of a tourist resort on certain lands near Portarlington.  \n\nThe Agreement was ratified by the **Port Bellarine Tourist Resort Act 1981**.  \n\nA lease of Crown land was granted to Grawin Pty. Limited for the development on 5 June 1985.  \n\nThe development of the resort has not occurred.  \n\nIt is expedient to repeal the **Port Bellarine Tourist Resort Act 1981** and to terminate the Agreement and the Crown lease.\n\n**The Parliament of Victoria therefore enacts:**\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to repeal the **Port Bellarine Tourist Resort Act 1981**; and\n\n(b) to terminate the Agreement between Grawin Pty. Limited and the State of Victoria for the development of a tourist resort on certain lands near Portarlington; and\n\n(c) to terminate a Crown lease granted under that Act to Grawin Pty. Limited.\n\n\t2 Commencement\n\nThis Act comes into operation on the day after the day on which this Act receives the Royal Assent.\n\n\t3 Interpretation\n\n(1) In this Act—\n\n***Grawin Pty. Limited*** means Grawin Pty. Limited ACN 005 237 098;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\n***the Agreement*** means the Agreement a copy of which is set out in the First Schedule to the **Port Bellarine Tourist Resort Act 1981**;\n\n***the Crown lease*** means the lease granted on 5 June 1985 by the Port Bellarine Committee of Management under section 16 of the **Port Bellarine Tourist Resort Act 1981** to Grawin Pty. Limited.\n\n(2) Words and expressions used in the **Port Bellarine Tourist Resort Act 1981** have the same respective meanings in this Act as they have in that Act.\n\nSee:  \nAct No.  \n9555.  \nReprint No. 1  \nas at  \n14 July 1997  \nand amending  \nAct Nos  \n46/1998 and 11/2001.  \nLawToday:  \nwww.  \nlegislation.  \nvic.gov.au\n\n\t4 Repeal of Port Bellarine Tourist Resort Act 1981\n\ns. 2\n\nThe **Port Bellarine Tourist Resort Act 1981** is **repealed**.\n\n\t5 Termination of Agreement\n\n(1) The Agreement is terminated.\n\n(2) All rights and liabilities of the State and Grawin Pty. Limited arising out of or in connection with the Agreement are extinguished.\n\n(3) Without limiting subsection (2), that subsection applies whether or not the Agreement is in force at the commencement of this Act.\n\n(4) If the Agreement is not in force at the commencement of this Act, the termination of the Agreement is confirmed.\n\ns. 5\n\n\t6 Termination of Crown lease\n\n(1) The Crown lease is terminated.\n\n(2) All rights and liabilities of the State and Grawin Pty. Limited arising out of or in connection with the Crown lease are extinguished.\n\n(3) Without limiting subsection (2), that subsection applies whether or not the Crown lease is in force at the commencement of this Act.\n\n(4) If the Crown lease is not in force at the commencement of this Act, the termination of the Crown lease is confirmed.\n\n\t7 Revocation of reservation of land\n\n(1) This section applies in relation to any land in the Tourist Resort Area that, pursuant to section 13 of the **Port Bellarine Tourist Resort Act 1981**—\n\n(a) is deemed to be permanently reserved under section 4(1) of the **Crown Land (Reserves) Act 1978**; or\n\n(b) is permanently reserved under section 4(1) of the **Crown Land (Reserves) Act 1978**—\n\nfor the purpose of providing areas for public recreation and facilities and services for tourists.\n\n(2) Any reservation referred to in subsection (1) is revoked.\n\n\t8 Port Bellarine Committee of Management\n\ns. 8\n\nThe Port Bellarine Committee of Management is abolished.\n\n\t9 Port Bellarine Public Reserve Management Fund\n\nAny amount standing to the credit of the Port Bellarine Public Reserve Management Fund immediately before the commencement of this Act is to be paid into the Consolidated Fund.\n\n\t10 No amount payable by the Crown\n\n(1) No amount is payable by the Crown (as compensation, damages or otherwise) to any person for any loss or damage arising out of or in connection with the enactment of this Act.\n\n(2) Without limiting subsection (1), the Crown is not liable to any person for any claim arising out of or in connection with the termination of the Agreement or the Crown lease.\n\n═══════════════\n\nENDNOTES\n\n1. General Information\n\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 14 March 2012*\n\n *Legislative Council: 27 March 2012*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to repeal the **Port Bellarine Tourist Resort Act 1981**, to terminate the Agreement ratified by that Act and to terminate a Crown lease granted under that Act, and for other purposes.\"\n\nThe **Port Bellarine Tourist Resort (Repeal) Act 2012** was assented to on 3 April 2012 and came into operation on 4 April 2012: section 2.\n\nEndnotes\n\n1. Table of Amendments\n\n\nThere are no amendments made to the **Port Bellarine Tourist Resort (Repeal) Act 2012** by Acts and subordinate instruments.\n\nEndnotes\n\n1. Explanatory Details\n\n\nNo entries at date of publication.\n\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This repeal Act does not grow the subject matter beyond its stated purpose. Its sole function is to unwind the statutory and contractual framework established in 1981: repeal the earlier Act, terminate the Agreement and Crown lease, revoke specified land reservations, abolish the committee, transfer any remaining fund balance to the Consolidated Fund, and bar Crown liability (ss 1–10). It narrows and concludes the original scheme rather than expanding it or adding new regulatory obligations."},"complexity_factors":["Short Act (10 sections)","5 defined terms in s 3 (Grawin; liabilities; rights; the Agreement; the Crown lease)","Limited cross-referencing to one prior Act (Port Bellarine Tourist Resort Act 1981) and Crown Land (Reserves) Act 1978","Simple linear structure (repeal, termination, revocation, abolition, fund transfer, non-liability)","Few conditional provisions (extinguishment applies whether or not Agreement/lease in force: ss 5(3)–(4), 6(3)–(4))","No delegated powers or regulatory rule‑making; no staged implementation or extensive exceptions"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Repeals the Port Bellarine Tourist Resort Act 1981 (s 4).  \n- Terminates the development Agreement between the State and Grawin Pty. Limited (s 5).  All rights and liabilities that either party had under that Agreement are extinguished, and the Act confirms termination whether the Agreement was currently in force or not (s 5(1)–(4)).  \n- Terminates the Crown lease granted to Grawin on 5 June 1985 and extinguishes all rights and liabilities arising from that lease, again whether the lease was in force at commencement or not (s 6(1)–(4)).  \n- Revokes permanent reservations of land in the Tourist Resort Area that had been made for public recreation and tourist facilities under the repealed Act (s 7(1)–(2)).  \n- Abolishes the Port Bellarine Committee of Management (s 8).  \n- Transfers any money in the Port Bellarine Public Reserve Management Fund into the Consolidated Fund (s 9).  \n- States that no amount is payable by the Crown to any person for loss or damage arising from the Act, and that the Crown is not liable for claims arising from the termination of the Agreement or Crown lease (s 10(1)–(2)).\n\n**Who it affects**\n\n- Directly affects Grawin Pty. Limited (defined in s 3) by terminating its contractual and lease rights and extinguishing related liabilities (ss 3, 5, 6).  \n- Affects the State’s contractual and lease positions by extinguishing mutual rights and obligations under the Agreement and lease (ss 5–6).  \n- Affects the legal status of certain Crown land in the Tourist Resort Area by revoking the permanent reservations that had been made for recreational and tourist purposes (s 7).  \n- Affects the Port Bellarine Committee of Management by abolishing it and terminates the special-purpose fund by moving its balance to the Consolidated Fund (ss 8–9).  \n- Potentially affects third parties who might have relied on the Agreement, lease or land reservations, because the Act extinguishes rights and liabilities and bars Crown payment (s 10).\n\n**Why it matters (official purpose, then practical implications)**\n\n- Official purpose stated: to repeal the 1981 Act, terminate the Agreement and terminate the Crown lease for the planned Port Bellarine tourist resort (s 1).  \n\n- Practical implications and mechanisms: the Act removes the statutory and contractual foundation for a planned tourist development. It finalises that removal by extinguishing rights and liabilities (ss 5–6), removing the land’s reserved status for that resort use (s 7), abolishing the local management body (s 8), and absorbing any dedicated fund into general public finances (s 9). The Crown disclaims any payment obligation arising from these steps (s 10).  \n\n**Costs, incentives, trade-offs and implementation considerations**\n\n- Who pays: costs or foregone entitlements are concentrated on the private counterparty (Grawin) and any successors; the Crown expressly disclaims any payment obligation (s 10).  \n- Who decides and how behaviour changes: Parliament decides to terminate the statutory scheme; after commencement, neither party may rely on the Agreement or lease (ss 4–6). Private investors can no longer expect the 1981 statutory framework to support the resort project.  \n- Incentives: the Act removes an existing statutory and contractual option for that particular development site, which reduces the opportunity for Grawin (or successors) to develop under the old terms but frees the State to reassign or redevelop the land under different arrangements.  \n- Opportunity cost and substitution: land reserved for the resort is no longer permanently reserved for that specified tourism purpose (s 7), so the land becomes available for other uses subject to future Crown decisions.  \n- Redistribution of funds: monies in the specific reserve management fund are moved to the Consolidated Fund (s 9), converting a ring‑fenced balance into general public revenue.  \n- Implementation risk and administrative steps: revoking reservations, abolishing the committee and transferring funds will require administrative actions (e.g. land records, fund transfers). Those are routine but necessary to complete the legal changes (ss 7–9).  \n- Legal/compliance burden: the Act attempts to extinguish claims and bar Crown liability (s 10). That reduces the State’s exposure but may give rise to dispute over the scope or enforceability of those extinguishment and non‑liability provisions in specific circumstances.  \n\n**Effects on private enterprise, markets and individual choice (brief assessment based on the Act’s mechanics)**\n\n- Contract freedom and certainty: the Act removes a pre‑existing contract and lease framework for a specific development, diminishing contractual stability for that project (ss 5–6). This effect is narrow and specific to the parties and land identified.  \n- Ownership and use of land: revocation of reservations (s 7) changes the legal constraints on future use of the land; ownership remains Crown land but with different statutory restraints (or fewer restraints) than before.  \n- Competition, prices and productivity: the Act does not create a new market regulator or pricing mechanism; its likely market effect is limited to local development opportunities for the specific site (i.e., it removes one planned project and may enable alternative projects later).  \n- Ability of independent businesses: independent developers other than Grawin may gain opportunity if the State later offers the land for alternate uses; until then the Act simply removes the old statutory pathway.  \n\n**Concentrated benefits and costs, and capture/rent‑seeking risk (mechanisms only)**\n\n- The most concentrated cost falls on Grawin (termination of rights and leases; ss 5–6).  \n- Any fiscal benefit from the residual fund is diffuse (entered to the Consolidated Fund; s 9).  \n- The Act’s mechanism (extinguishment plus non‑liability clause) shifts financial risk from the Crown to the private party (s 10). There is no textual material here showing broader rent‑seeking or capture; the statute simply ends the prior statutory/contractual scheme.\n\n**Net operational picture**\n\n- The Act is a narrowly targeted statutory unwind: it cancels a previously authorised tourist‑resort project by repealing the enabling Act, terminating its contract and lease, removing related land reservations, dissolving the committee that managed the reserve, and transferring any remaining dedicated funds to the Consolidated Fund. The Crown forecloses claims for compensation under this Act (ss 4–10)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of repealing the 1981 Act and terminating associated agreements. The scope has not expanded beyond the specific Port Bellarine tourist resort matter described in the preamble."},"complexity_factors":["Only 4 defined terms in the interpretation section (Grawin Pty. Limited, liabilities, rights, the Agreement, the Crown lease)","No cross-references to other legislation beyond naming the Acts being repealed or affected","Straightforward sequential structure with no nested exceptions or conditional logic","Single purpose legislation with no regulatory schemes or enforcement mechanisms","Only 10 operative sections covering repeal, termination, revocation, abolition and payment"],"plain_english_summary":"**What this law does:**\n\nThis law is a \"cleanup\" Act that formally ends a failed tourist resort project from the 1980s near Portarlington, Victoria. It does four main things:\n\n* **Repeals (cancels) the original 1981 Act** that had set up the legal framework for the Port Bellarine Tourist Resort\n* **Terminates the development agreement** between the Victorian government and a company called Grawin Pty. Limited — meaning both sides are released from all obligations under that contract\n* **Terminates the Crown lease** — the government lease of public land that had been granted to Grawin for the resort development\n* **Abolishes the Committee of Management** — a government body that had been overseeing the project\n\n**Who it affects:**\n\n* **Grawin Pty. Limited** — the company that originally agreed to build the resort but never did. They lose their lease and any legal claims against the government.\n* **The Victorian government** — it gets the land back and is explicitly protected from having to pay compensation to anyone for ending the project.\n* **The public** — any reserved land reverts to normal public land management.\n\n**Why it matters:**\n\nSometimes governments make deals for major developments that never happen. This law tidies up the legal mess when a 30-year-old project stalls completely. Importantly, **section 10 makes clear the government doesn't have to pay compensation** to Grawin or anyone else for pulling the plug — a significant protection for taxpayers.\n\nThe law also moves any remaining money in the project's special fund into the government's general Consolidated Fund."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have done exactly what it set out to do — repeal the Port Bellarine Tourist Resort legislation. There is no indication of scope creep or expansion beyond its original purpose of removing the prior Act from the statute books."},"complexity_factors":["Single-purpose legislation with very narrow scope — simply repeals one prior Act","No substantive provisions to interpret beyond the repeal itself","Limited text available in the extract, making it difficult to assess any transitional or savings provisions that might add complexity","Minimal direct impact on everyday rights and obligations beyond removing a specific legal framework"],"plain_english_summary":"The Port Bellarine Tourist Resort (Repeal) Act 2012 simply abolishes the earlier law that created and governed the Port Bellarine Tourist Resort. It removes any special legal status, powers or obligations that flowed from that earlier Act.\n\nThis affects residents, businesses, developers and government bodies tied to the resort and likely returns management and planning of the area to ordinary local or state law, signaling a policy or administrative change."}},"importantCases":[],"_links":{"self":"/api/acts/port-bellarine-tourist-resort-repeal-act-2012","history":"/api/acts/port-bellarine-tourist-resort-repeal-act-2012/history","analysis":"/api/acts/port-bellarine-tourist-resort-repeal-act-2012/analysis","conflicts":"/api/acts/port-bellarine-tourist-resort-repeal-act-2012/conflicts","importantCases":"/api/acts/port-bellarine-tourist-resort-repeal-act-2012/important-cases","documents":"/api/acts/port-bellarine-tourist-resort-repeal-act-2012/documents"}}