{"id":"swan-hill-race-course-and-golf-course-lands-act-1969","name":"Swan Hill Race-course and Golf-course Lands Act 1969","slug":"swan-hill-race-course-and-golf-course-lands-act-1969","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174952,"registerId":"vic-swan-hill-race-course-and-golf-course-lands-act-1969-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Swan Hill Race-course and Golf-course Lands Act 1969","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nSwan Hill Race-course and Golf-course\nLands Act 1969\nAct No. 7844/1969\nVersion as at 26 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title 4\n2. Definitions 4\n3. Main reserve committee may grant leases of main reserve to golf\nclub trustees and racing club trustees 5\n4. Pavilion site committee may grant leases to golf club trustees and\nracing club trustees 5\n5. All things done by municipality in relation to pavilion to be\ndeemed to have been authorized 6\n6. Pavilion site committee to make payments to municipality to\nenable discharge of loans 7\n__________________\nSCHEDULE—Plan of Lands in the Township of Swan Hill, Parish\nof Castle Donnington, Reserved as a Site for a Race-\ncourse and for Public Recreation 8\n═══════════════\nENDNOTES 9\n1. General Information 9\n2. Table of Amendments 10\n3. Explanatory Details 11\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nSwan Hill Race-course and Golf-course\nLands Act 1969\nAct No. 7844/1969\nVersion as at 26 February 2003\nAn Act to make provision concerning certain Crown Lands at\nSwan Hill used as a Race-course and Golf-course, and for other\npurposes.\nPreamble\nWHEREAS—\n(a) by Order of the Governor in Council on the\n19th day of May, 1896, referred to in a notice\npublished in the Government Gazette on the\n22nd day of May, 18961, certain Crown lands\nat Swan Hill (then forming part of the\nTownship of Castle Donnington) of an area of\n110 acres 3 roods 32 perches were\ntemporarily reserved as a site for a race-\ncourse;\n(b) the said lands were thereafter used both as a\nrace-course for horse racing and as a golf-\ncourse, and committees of management were\nfrom time to time appointed under the law\nrelating to Crown lands to manage and control\nthe said lands;\n(c) by various Orders of the Governor in Council\npublished in the Government Gazette2 the\nOrder in Council temporarily reserving the\nsaid lands was revoked as to parts of the said\nlands;\n(d) by Order of the Governor in Council of the\n16th day of January, 1968 published in the\nGovernment Gazette of the 24th day of\nJanuary, 19683 the remaining portion of the\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n2\nlands originally reserved as a site for a race-\ncourse being the lands delineated and shown\nby hatching and cross-hatching on the plan set\nout in the Schedule to this Act except the\nlands delineated and described on the said\nplan as a \"public recreation reserve\" of an area\nof one acre was temporarily reserved for the\nadditional purpose of public recreation;\n(e) by Order of the Governor in Council of the\n6th day of November, 1963 published in the\nGovernment Gazette of the 13th day of\nNovember, 19634 the lands delineated and\ndescribed as a \"public recreation reserve\" of\nan area of one acre on the plan set out in the\nSchedule were temporarily reserved as a site\nfor public recreation;\n(f) by a notice dated the 17th day of January,\n1968 and published in the Government\nGazette of the 24th day of January, 19685 the\nMinister of Lands gave notice that he had\nappointed the Corporation of the City of Swan\nHill as a committee of management of that\nportion of the lands reserved which is\ndelineated and shown by cross-hatching on\nthe plan set out in the Schedule (hereinafter\ncalled \"the pavilion site\");\n(g) by a notice dated the 14th day of March, 1969\nand published in the Government Gazette of\nthe 19th day of March, 1969 6 the Minister of\nLands gave notice that he had appointed a\ncommittee of management in respect of the\nlands delineated and shown by hatching on\nthe plan set out in the Schedule (hereinafter\ncalled the \"main reserve\");\n(h) the Corporation of the City of Swan Hill is\nerecting on the pavilion site at a total cost of\n$77 000 a building suitable for use as a\ngrandstand which will also contain premises\nsuitable for occupation and use as clubrooms\nand which will have attached to it a structure\nenabling the taking of photographs to\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n3\ndetermine the places taken in horse races\n(which building and structure are together\nhereinafter called \"the pavilion\"), and has\nborrowed sums amounting in all to $77 000\nfor the purpose;\n(i) the committee of management appointed in\nrespect of the main reserve desires to be given\nsuch authority as it needs in order to be able to\ngrant leases of the main reserve or part or\nparts thereof to the trustees of the property of\nthe unincorporated association known as the\nSwan Hill Jockey Club for horse racing\npurposes, and to the trustees of the property of\nthe unincorporated association known as the\nSwan Hill City Golf Club for the purposes of\na golf-course;\n(j) the Corporation of the City of Swan Hill in its\ncapacity as the committee of management of\nthe pavilion site desires to be authorized to\ngrant to the trustees of the property of the\nSwan Hill Jockey Club and the trustees of the\nproperty of the Swan Hill City Golf Club\nleases of the pavilion site or part or parts\nthereof; and\n(k) the Corporation of the City of Swan Hill in its\ncapacity as committee of management of the\npavilion site desires that it be made liable to\nreimburse the said Corporation for the\nexpenses incurred by the Corporation in\nerecting the pavilion:\nAND WHEREAS it is expedient to authorize the\nrespective persons hereinbefore designated to do\nall such things as are hereinbefore recited and to\nmake other provision as hereinafter enacted:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n4\n1. Short title\nThis Act may be cited as the Swan Hill Race-\ncourse and Golf-course Lands Act 1969.\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n\"golf club trustees\" means the persons who are\nfor the time being the trustees of the property\nof the Swan Hill City Golf Club and includes\ntheir lawful assigns;\n\"main reserve\" means the lands delineated and\nshown by hatching on the plan set out in the\nSchedule;\n\"main reserve committee\" means any committee\nof management appointed under the Land\nAct 1958 in respect of the main reserve;\n\"municipality\" means the Corporation of the\nCity of Swan Hill;\n\"pavilion\" means the pavilion within the\nmeaning of the preamble to this Act;\n\"pavilion site\" means the lands delineated and\nshown by cross-hatching on the plan set out\nin the Schedule;\n\"pavilion site committee\" means any committee\nof management appointed under the Land\nAct 1958 in respect of the pavilion site;\n\"racing club trustees\" means the persons who\nare for the time being the trustees of the\nproperty of the Swan Hill Jockey Club and\nincludes their lawful assigns.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n5\n3. Main reserve committee may grant leases of main\nreserve to golf club trustees and racing club trustees\n(1) Notwithstanding anything to the contrary in any\nAct, the main reserve committee may for and on\nbehalf of Her Majesty from time to time grant a\nlease of the main reserve or any part or parts\nthereof to the golf club trustees or any other\nperson for use as a golf-course or to the racing\nclub trustees or any other person for horse racing\npurposes.\n(2) A lease under this section—\n(a) shall be subject to such conditions covenants\nexceptions and reservations as the main\nreserve committee thinks fit;\n(b) shall be for a term not exceeding twenty-one\nyears; and\n(c) shall be subject to approval by the Governor\nin Council.\n(3) The moneys received by way of rent under a lease\ngranted under this section may be applied by the\nmain reserve committee towards the maintenance\nand improvement of the main reserve.\n(4) No person or body of persons whosoever or\nwhatsoever shall be entitled to receive or shall\nreceive from the Crown any money or\nconsideration by way of compensation in respect\nof any improvement whatsoever or any act matter\nor thing under this section.\n4. Pavilion site committee may grant leases to golf club\ntrustees and racing club trustees\n(1) Notwithstanding anything to the contrary in any\nAct, the pavilion site committee may for and on\nbehalf of Her Majesty from time to time grant a\nlease of the pavilion site or any part or parts\nthereof to the golf club trustees, to the racing club\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n6\ntrustees or to any other person for use in\nassociation with the main reserve.\n(2) A lease under this section—\n(a) shall be subject to such conditions covenants\nexceptions and reservations as the pavilion\nsite committee thinks fit;\n(b) shall be for a term not exceeding twenty-one\nyears; and\n(c) shall be subject to approval by the Governor\nin Council.\n(3) Any lease granted under this section may provide\nthat the lessee shall be entitled to exclusive\npossession of the pavilion or portion of the\npavilion at all times during the currency of the\nlease.\n(4) Subject to section 6, the moneys received by way\nof rent under a lease granted under this section\nmay be applied by the pavilion site committee\ntowards the maintenance and improvement of the\npavilion site.\n(5) Subject to section 6, no person or body of persons\nwhosoever or whatsoever shall be entitled to\nreceive or shall receive from the Crown any\nmoney or consideration by way of compensation\nin respect of any improvement whatsoever or any\nact matter or thing under this section.\n5. All things done by municipality in relation to\npavilion to be deemed to have been authorized\nNotwithstanding anything to the contrary in any\nAct—\n(a) the municipality shall be deemed to have\nbeen authorized to erect the pavilion now\nbeing erected on the pavilion site; and\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n7\n(b) the pavilion shall be deemed to be and to\nhave been a permanent work and\nundertaking within the meaning of Part XV\nof the Local Government Act 1958.\n6. Pavilion site committee to make payments to\nmunicipality to enable discharge of loans\nNotwithstanding anything to the contrary in any\nAct, the pavilion site committee shall in each year\npay to the municipality out of its revenues such\nsums as will enable the municipality to discharge\nits obligations under the terms of the loans made\nto it for the purpose of the erection of the pavilion.\n__________________\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n8\nSCHEDULE\nPLAN OF LANDS IN THE TOWNSHIP OF SWAN HILL, PARISH OF\nCASTLE DONNINGTON, RESERVED AS A SITE FOR A RACE-\nCOURSE AND FOR PUBLIC RECREATION\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n9\nENDNOTES\n1. General Information\nThe Swan Hill Race-course and Golf-course Lands Act 1969 was assented\nto on 20 May 1969 and came into operation on 20 May 1969.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n10\n2. Table of Amendments\nThere are no amendments made to the Swan Hill Race-course and Golf-\ncourse Lands Act 1969 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7844/1969\nSwan Hill Race-course and Golf-course Lands Act 1969\n11\n3. Explanatory Details\n1 Preamble (a): Government Gazette 22 May 1896 page 2179.\n2 Preamble (c): Government Gazettes 26 July 1939 page 2706, 29 October\n1952 page 6098, 18 September 1963 page 2873, 13 December 1967\npage 3775.\n3 Preamble (d): Government Gazette 24 January 1968 page 232.\n4 Preamble (e): Government Gazette 13 November 1963 page 3412.\n5 Preamble (f): Government Gazette 24 January 1968 page 242.\n6 Preamble (g): Government Gazette 19 March 1969 page 805.\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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling leases of specific Swan Hill Crown lands to the local golf and racing clubs, and facilitating repayment of the pavilion construction loan. No amendments have been made since enactment in 1969."},"complexity_factors":["Only 6 operative sections plus a Schedule","7 defined terms in a single interpretation section (section 2)","Straightforward conditional logic – leases require Governor in Council approval and have a simple 21-year cap","No cross-references to other legislation beyond general 'notwithstanding' clauses and references to the Land Act 1958 and Local Government Act 1958","Single layer of exceptions (section 6 creates an exception to section 4(4) and (5) regarding how pavilion site revenues are used)","Narrow, location-specific scope affecting only one municipality and two specific clubs","Preamble is lengthy but purely historical/descriptive rather than creating legal complexity"],"plain_english_summary":"This is a Victorian law from 1969 that sorts out who can lease public land in Swan Hill that's used for both horse racing and golf.\n\n**What it does:**\nThe Act lets two separate committees grant long-term leases (up to 21 years) on Crown land at Swan Hill to the local golf club and jockey club. The land is split into two areas:\n- **The \"main reserve\"** – the bulk of the land used for the racecourse and golf course\n- **The \"pavilion site\"** – a smaller area where a grandstand/clubhouse building (the pavilion) was being built\n\n**Who it affects:**\n- The **Swan Hill City Golf Club** and **Swan Hill Jockey Club** – they can now get formal leases to use the land\n- The **City of Swan Hill** (the local council) – they borrowed $77,000 to build the pavilion, and this Act makes sure they get repaid\n- The **committees of management** – these are groups appointed under land laws to look after Crown land; the Act gives them specific power to grant leases\n\n**Why it matters:**\nBefore this Act, there was legal uncertainty about whether these committees could lease Crown land to private clubs. The Act clears this up and also validates the council's borrowing to build the pavilion. Importantly, it ensures the committee managing the pavilion site must use rental income to help the council pay off its construction loans before spending money on other improvements.\n\n**Key points:**\n- Leases can last up to 21 years but need final approval from the Governor in Council (the state government's top decision-making body)\n- No one can claim compensation from the government for improvements they make to the land\n- The pavilion site committee must prioritise helping the council repay its debts"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained focused on its original narrow purpose — dealing with race-course and golf-course lands in Swan Hill. The version history shows no significant amendments, suggesting the scope has not materially changed since it was made in 1969."},"complexity_factors":["Highly localised and specific subject matter — applies to one location in one town","Typical of simple single-purpose Crown land grant legislation common in mid-20th century Victoria","Very narrow scope with likely few operative provisions","No apparent interaction with complex regulatory frameworks","Limited information available in the provided document to identify additional complexity"],"plain_english_summary":"The Act deals with ownership and use of land in Swan Hill occupied by a racecourse and a golf course, confirming rights and control for the local clubs and limiting the land’s use to recreational/sporting purposes. It affects the Swan Hill Racing Club, Swan Hill Golf Club, their members, local users, and the Crown, providing legal certainty that the land will remain available for community sporting use."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains in its original form as enacted in 1969 and has no listed amendments (Endnotes: Table of Amendments). Its scope still authorises main-reserve and pavilion-site committees to grant leases (sections 3–4), deems the pavilion to be authorised and a permanent local government work (section 5), and requires the pavilion-site committee to meet the municipality’s loan obligations for the pavilion (section 6)."},"complexity_factors":["Narrow, subject-specific scope limited to identified Swan Hill lands and pavilion (Preamble; Schedule)","Straightforward grant of power to committees to lease land for up to 21 years, with Governor in Council approval required (sections 3(2)(b),(c); 4(2)(b),(c))","Committee discretion to set conditions, covenants, exceptions and reservations for leases creates variable outcomes depending on local decision-making (sections 3(2)(a); 4(2)(a))","Ongoing financial obligation placed on the pavilion-site committee to pay the municipality’s loan repayments for the pavilion, creating a predictable compliance/cashflow duty (section 6)","Deeming the pavilion a permanent work for local government purposes affects accounting and legal status under the Local Government Act (section 5)","Cross-reference to broader Crown-land management regime (Land Act 1958 and Governor in Council orders) means implementation relies on other statutory frameworks (Preamble; definitions)","Express bar on compensation for improvements limits lessees’ property-value claims and alters investment incentives (sections 3(4); 4(5))","Use of broad phrases such as 'any other person' and 'from time to time' allows flexible but potentially unpredictable leasing arrangements (sections 3(1); 4(1))","Statute is short and unamended, reducing interpretive uncertainty but preserving historical drafting choices that may be laconic or terse (Endnotes: Table of Amendments)"],"plain_english_summary":"This Act authorises the local committees managing the Swan Hill racecourse and pavilion to grant leases (up to 21 years) of the main reserve and pavilion site to the jockey club trustees, golf club trustees or others, treats the pavilion as a permanent local government work, and requires the pavilion-site committee to pay the municipality sums to discharge the loans used to build the pavilion. It matters because it changes who decides lease terms, who bears loan costs, and creates administrative discretion over rents and site use, affecting clubs' access and ongoing obligations."}},"importantCases":[],"_links":{"self":"/api/acts/swan-hill-race-course-and-golf-course-lands-act-1969","history":"/api/acts/swan-hill-race-course-and-golf-course-lands-act-1969/history","analysis":"/api/acts/swan-hill-race-course-and-golf-course-lands-act-1969/analysis","conflicts":"/api/acts/swan-hill-race-course-and-golf-course-lands-act-1969/conflicts","importantCases":"/api/acts/swan-hill-race-course-and-golf-course-lands-act-1969/important-cases","documents":"/api/acts/swan-hill-race-course-and-golf-course-lands-act-1969/documents"}}