Version incorporating amendments as at
6 March 2024
table of provisions
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
Schedule 8
Schedule 1—Club premises 20
Schedule 2—Rental 21
Schedule 3—Golf course equipment 23
Schedule 4—Annual maintenance program 25
Schedule 5—Golf course plant 28
Schedule 6—Role of the golf professional 30
Schedule 7—Club playing rights 31
Endnotes 32
1 General information 32
2 Table of Amendments 34
3 Explanatory details 35
Version No.004
Land (Goonawarra Golf Course) Act 1988
No. 6 of 1988
Version incorporating amendments as at
6 March 2024
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 $800 000, payable in equal annual instalments spread over a period of 25 years, 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
Section 1 - Land (Goonawarra Golf Course) Act 1988 - Land (Goonawarra Golf Course) Act 1988 | Zoe
(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
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
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 31 December 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
S. 4(1) amended by No. 40/2022 s. 56.
(1) Homes Victoria (within the meaning of section 4(1) of the Housing Act 1983), 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 $800 000, 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
(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.
10 penalty units.
(4) As well as any penalty imposed under subsection (3), a person convicted of an offence against that subsection 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
(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) amended by No. 6/2024 s. 107.
(1) No amount is payable by the Crown, Homes Victoria (within the meaning of the Housing Act 1983), 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 item 67).
(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 subsection (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
(b) breach of the agreement made on 31 December 1981 between the Housing Commission of Victoria, the Municipality and the Goonawarra Golf Club Limited.
Schedule
Section 6(3)
Provisions referred to in section 6(3)
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.
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 Folio 285 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.
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.
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.
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.
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).
(2) The Shire shall fully maintain and wherever necessary replace or reinstate to good working order all of the plant equipment and machinery supplied or made available pursuant to subclause (1) above.
(3) The Shire may from time to time vary the items of equipment set out in Schedules 3 and 5 in accordance with the Shire's reasonable opinion as to the items of equipment required to maintain the Golf Course in accordance with the provisions herein contained.
Maintenance—buildings
(1) The Club shall at the cost and expense in all things of the Club well and substantially repair and maintain any buildings on the club premises.
(2) The Shire shall at the cost and expense in all things of the Shire well and substantially repair and maintain all other buildings and other structural improvements erected on the Golf Course.
(3) The Shire and its agents may at all reasonable times and after giving reasonable notice to the Club (except in case of emergency when no notice shall be required) enter upon the club premises and view the state of repair of the club premises and structural improvements erected thereon and may serve upon the Club a notice in writing of any defect or want of repair for which the Club may be responsible hereunder and require the Club within a reasonable time (having regard to the nature of the required works) to repair the same and in default of the Club so doing it shall be lawful for the Shire from time to time to enter and execute the required repairs and for that purpose the Shire its architects contractors workmen and agents may enter upon the whole or any part of the club premises and there remain for the purpose of doing erecting or effecting any such thing and any expenses and costs of carrying out such work shall be forthwith payable by the Club to the Shire.
(4) The Club may with the prior consent in writing of the Shire which consent shall not be unreasonably withheld at the cost in all things of the Club make any structural alterations or additions in or to the Golf Clubhouse erected on the club premises or any part thereof and the Club may make non-structural alterations or additions in or to the club premises or any part thereof provided that before making such non-structural alterations or additions the Club has first given written notice to the Shire of its intention to do so and the Club shall in the course of any alterations or additions whether structural or otherwise observe and comply with all requirements of the appropriate public authorities.
Staff
The Shire shall at no cost to the Club appoint an experienced curator of the Golf Course and shall appoint suitable assistants necessary to perform the maintenance program in accordance with the terms of Clause 4(1) hereof.
Golf professional
(1) The Shire shall appoint an experienced golf professional to operate from the Golf Course whose responsibilities and functions are more particularly set out in Schedule 6 hereto.
(2) The golf professional shall be required to employ all necessary staff to assist in the conduct of his business and the management of the Golf Course during each day of the week save and except for those maintenance duties which shall be the normal responsibility of the curator.
No assignment or sub-letting
The Club shall not during the said term transfer assign sub-let or part with the possession of the club premises otherwise than with the approval of the Shire and then only subject to such conditions or stipulations as the Shire may reasonably impose in the interests of establishing or maintaining a private golf club as hereinafter provided.
Outgoings
The Shire and the Club mutually covenant with each other as follows:
(1) The Club shall throughout the said term pay or reimburse to the Shire all rates, taxes (including land tax), assessments, or fees levied or assessed or imposed or charged on or in respect of the club premises or the Club's use or occupancy thereof and all charges and outgoings in respect of the club premises including electricity gas oil and water consumed in the club premises and charges in respect of telephone services connected to the club premises and all other charges, if any, imposed by any public utility or authority for the supply of any service separately supplied to the club premises and it is agreed that all such amounts shall if necessary be apportioned to the club premises on the basis of the proportion of the total area assessed.
(2) The Club shall not at any time during the said term permit or suffer to be done any act matter or thing whereby any insurances in respect of the Golf Course or the club premises may be vitiated or rendered void or voidable or (except with the approval in writing of the Shire) whereby the rate of premium on any such insurance shall be increased.
(3) The Shire shall effect and at all times during the said term maintain in respect of the Golf Course and the club premises:
(a) A public risk policy for an amount of not less than one million dollars ($1 000 000) or such other amount as may be reasonably required by the Minister in the joint names of the Shire and the Club;
(b) Insurance for the full insurable value against loss or damage to the Shire's buildings, stock, fixtures and fittings in or upon the Golf Course and the club premises;
(c) Insurance for the full replaceable value against damage to all plate glass windows now or hereafter installed in the Golf Course and the club premises—
PROVIDED ALWAYS that the Club shall reimburse to the Shire the amount of all insurance premiums paid by the Shire in respect of insurance policies relating solely to the club premises and a fair proportion of the public risk insurance premiums in respect of insurance policies relating to the Golf Course as a whole.
(4) All policies of insurance liable or required to be effected by the Shire hereunder whether in respect of the property or risk of the Shire or the Club shall be taken out with an insurance office or company selected by the Shire and the Club and approved by the Minister, which approval shall not be unreasonably withheld.
(5) The Shire shall in respect of each policy of insurance to be effected hereunder produce to the Club if so required each current policy of insurance or a counterpart thereof and the receipt for the last premium payable in respect thereof.
Default termination
If either—
(a) the rental or any part thereof or other sums due and payable hereunder shall be unpaid for a period of thirty (30) days after any of the days upon which the same ought to have been paid in accordance with the covenants and conditions herein contained; or
(b) the Club does not remedy any breach or non-observance by it of any of the other agreements terms or conditions on its part herein contained or implied within thirty (30) days of being required to do so by written notice given by the Shire—
then the Shire may after giving thirty (30) days' notice to the Club of its intention so to do re-enter upon the club premises or any part thereof in the name of the whole and repossess the same and thereupon this Lease and the licence hereby granted shall be determined without prejudice to the Shire's right of action in respect of any breach or non-performance of the Club's covenants herein contained PROVIDED ALWAYS that if the Club shall provide satisfactory proof in writing to the Shire that it is exercising the utmost diligence to remedy any breach or non-observance or non-performance by it of any of the said covenants agreements terms and conditions as aforesaid but is unable to comply with the said written notice hereinbefore referred to within the period of thirty (30) days aforesaid then the Shire agrees save and except in the event of failure by the Club to pay the rental as and when due to allow such additional period not exceeding sixty (60) days as shall be reasonably necessary for the Club to comply with the said notice.
Compliance with statutes
The Club shall at all times during the said term comply with all statutes statutory rules by-laws orders or regulations and other provisions having the force of law present or future affecting or relating the Club's use of the club premises or the Club's occupancy thereof PROVIDED ALWAYS that the Club shall be under no liability in respect of any structural alterations the requirement for which was not caused directly by the Club's use or occupation of the club premises.
Quiet enjoyment
The Shire covenants with the Club that subject to the Club paying the rent hereby reserved and duly and punctually observing and performing the covenants obligations and conditions contained in this lease and on the part of the Club to be observed and performed the Club shall and may peaceably possess and enjoy the club premises for the term of the lease without any interruption or disturbances from the Shire or any other person or persons lawfully claiming from or under the Shire.
Yielding up
The Club shall at the expiration of the said term yield up the club premises including all improvements fixtures and fittings thereon or therein in a fit and satisfactory condition.
Golf Club
(1) The Shire covenants to promote and foster (by provision of financial and other support and assistance in accordance with the Shire's general policies and practices for sporting associations and affiliations) the development of the Club.
(2) The Shire shall use its best endeavours to assist the Club to obtain and maintain membership of the Victorian Golf Association (or its successor) and to comply with and observe all rules and requirements of such Association.
Golf Course
(1) In consideration of the Club entering into this Lease the Shire hereby grants to the Club and all of its members and invitees an exclusive licence to use the Golf Course throughout the term of the lease as a golf course during the hours—
(a) determined from time to time by agreement between the parties to this Lease; or
(b) if—
(i) either party to this Lease at any time requests the Minister to make a determination under this subclause; and
(ii) the Minister is satisfied that the parties are unable to agree for the purposes of paragraph (a)—
determined from time to time by the Minister in accordance with Schedule 7 to this Lease.
This licence may not be revoked by the Shire unless the Shire shall have properly terminated the said term pursuant to clause 11 herein.
(2) Notwithstanding the foregoing the Shire and the Club covenant to ensure that other than in the case of exceptional circumstances the golf course, public facilities building and other facilities comprising the Golf Course are available for use by any member of the public upon payment of fair and reasonable green fees and compliance with reasonable directions relating to the use of the Golf Course throughout the year except during the hours specified for club use in accordance with Schedule 7 of this Agreement.
Guarantee
In the event that the Shire shall by agreement with the Club provide or make available funds for capital works including the erection or extension of buildings on the club premises then the Shire may require the several guarantees of Directors or Trustees of the Club as to the repayment of funds so advanced.
Option to renew
The Shire covenants with the Club that subject only to the Shire being entitled to do so the Shire will grant to the Club the option to extend this lease and the exclusive licence to use the Golf Course hereinbefore granted for a further period of five (5) years upon the same terms and conditions as are herein contained except the commencement date (unless otherwise agreed between the parties) including this option for renewal:
PROVIDED THAT the Club shall exercise its option to renew by notice in writing to the Shire delivered not less than sixty (60) days prior to the expiration of the term of the lease but the Shire shall if no such notice is received notify the Club in writing that the said term is due to expire and the Shire shall thereafter allow the Club a reasonable period of grace within which to elect to exercise its option to renew the said term on the terms and conditions as aforesaid and advise the Shire accordingly.
PROVIDED FURTHER that the Club's right to renew leases of the club premises and exclusive licence to the Golf Course shall be limited to and not exceed 70 years.
Schedule 1—Club premises
Provisions preceding clause 1
Part of Lot 36 on Plan Subdivision No. 130730 being part of the land described in Certificate of Title Volume 9428 Folio 283.
This land together with details of the buildings and improvements thereon is more particularly defined on the attached plan entitled "Lease Diagram".
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Schedule 2—Rental
Clause 2
The annual rental shall be calculated by application of the following formula:
30 × NM × GF
Where "NM" is the number of members of the club as at 1st January preceding the annual rental period for which the rent is calculated and "GF" is the weekend green fee (18 holes) approved by the Minister and charged by the Shire as at the same date.
For the purposes of this lease, the annual rental period is the period of 12 months commencing on the date of commencement of the lease, and each successive period of 12 months during the term of the lease.
The rental shall be payable by four equal consecutive quarterly instalments. For the purposes of this lease, a quarter is a period of 3 months ending on 31st March, 30th June, 30th September or 31st December. The rent is payable at the end of the quarter in which the lease commences and at the end of each successive quarter during the term. If the term begins or ends otherwise than at the beginning of a quarter a proportion of the total rent for that quarter is payable. The proportion is to be calculated by reference to the fraction of the total quarter for which the term runs.
For the purposes of establishing the number of members of the Club as at 1st January each year the Club shall, prior to the end of the first month of the term of the lease and prior to 1st January in each successive year of the term, present for the inspection of the Shire all books, lists, records and other documents reasonably required by the Shire to enable it to determine club membership numbers. If the Shire and the Club fail to reach agreement on the number of club members by the end of the second month of the term of the lease and by 31st March in each successive year for the purposes of calculating the annual rental the number of members shall be that specified by the Minister (in a notice to the parties hereto) after the Minister has made such enquiries as are in his/her absolute discretion reasonable.
Schedule 3—Golf course equipment
Clause 4(1)
IRRIGATION SYSTEM
Controllers
1 • Johns-Manville KCS central processor complete with two rechargeable cadmium batteries
1 • Davey ·9 HP Electric 40mm pump (entrance pond near 11th fairway)
The parties may agree from time to time to substitute for any particular item of equipment any suitable alternative equipment.
Schedule 4—Annual maintenance program
Clause 4(1)
GREENS:
Cut: Monday, Wednesday, Friday with 'GreensKing mower' unless impracticable.
Scarify: In Autumn or Spring, when greens mature. Fertilize immediately after scarifying.
Tyne: In Spring or Autumn, alternatively to scarifying. Apply sand of appropriate size and quantity to improve firmness and turf quality.
Topdress: Minimum four times per year, monthly light dressings preferable.
Fungicide: 4-weekly intervals, or more if required.
Insecticide: Preventative programme of 5 applications during the year plus extra if required.
WeedControl: Maintain free of broadleaf weeds and unwanted grasses including Poa annua by cultural and selective chemical treatments.
Fertilize: Every 4 weeks throughout the year, using appropriate fertilizer mixtures.
Water: In Summer on alternate nights with a daily syringe if required; length of watering time to be adjusted for prevailing weather conditions.
Soil pH: To be maintained at 6 by application of agricultural lime as required.
FAIRWAYS:
Cut: Cut and backcut weekly with gang mower including practice fairway.
Water: Water as necessary, deeply and infrequently, but not less than three times weekly in dry warm weather.
Gypsum: Aerate by Trackaire or similar, and apply gypsum yearly.
Broadleaf Weeds: Poison twice a year in suitable weather conditions or more often if required.
Soil pH: Adjust to a reading of 6 with a yearly application of agricultural lime if required.
Fertilize: Minimum of two applications of nitrogen fertilizer yearly at a minimum rate of 200 kg per Ha.
TEES:
Markers: Move at least twice weekly to rest worn areas.
Divots: Repair weekly, or more often if necessary.
Scarify: Scarify, seed and top dress twice yearly.
Level: Top dress for levelling 3 times each year.
Soil pH: As for greens.
Weed Control: As for greens.
Fertilize: At least 3 times per year.
Seed: At least annually, with sufficient seed to maintain thick growth.
BUNKERS:
Rake: Twice weekly, more often for special events.
Weed: Control with poison and/or flame thrower monthly.
Edge: Monthly.
Sand: Replace losses yearly.
ROUGH:
Cut: With roughcutter at least fortnightly in growing season, at least monthly in other seasons.
DRAINAGE:
Clear: Clear blockages immediately. Flush drainage lines annually or as required. Drain wet spots as necessary.
GARDEN AREAS:
Weed: Quarterly or as required.
Water: As required.
Fertilize: Quarterly.
LAKES:
Fill: Top up in dry periods to maintain at high level but with a safety margin to accommodate reasonable rainfall drainage.
Weed growth: Spray Cumbungi annually.
TREES:
1st year: Water as required. Hoe to remove weed growth as required.
Deciduous: Water as required until established.
Dead Trees: Remove and replace annually as required.
IRRIGATION SYSTEM:
Wear and Tear: Replace sprinklers and/or parts thereof as required. Replace valve parts as required.
Blockages: Clear as required.
Adjustments: Change nozzle sizes and rates of rotation as required.
Filters: Remove and clean yearly before watering season, and more often if necessary.
DAMAGE:
By storm, vandalism, stock, accident etc.—repair immediately.
Schedule 5—Golf course plant
Clause 5(1)
Plant and Machinery to be Available as Required for the Maintenance of the Course
Mowers
Hydraulic-driven gang mower
Greens mower
Surrounds mower
Multimower, tractor drawn
Roughcutter
2 hand cylinder mowers
2 hand rotary mowers
2 Deutcher 26" self-propelled walk-behind mowers
Vehicles
3 Tractors
Motorcycle
Utility
Tractor-Drawn P.T.O.
Bulk spreader
Fairway spreader—e.g. Vicon or similar
Spraying equipment for fairways and greens trailer with hydraulic tipper
Aerator e.g. Trackaire or similar
Grader blade
Front-end loader
"Carry-all" type platform
Gear pump
2 × 3 foot level-lawn smudgers
Self-contained
Sodcutter
Hollow tyner
Scarifer
Hand-drawn greens spreader
Weed eater
Chainsaw
Knapsack spray
Top dressing machine and dragmat
Stationary Equipment
Electric drill and stand
Air compressor
Bench grider
Welder
Oxy-acetylene cutting equipment
Tool kit
Sundry hand tools
Work bench
Refrigerator
Electric kettle
Electric fan heater
Set of kitchen scales
2 fire extinguishers
Seed bins
Bench vice
The parties may agree from time to time to substitute for any particular item of equipment any suitable alternative equipment.
Schedule 6—Role of the golf professional
Clause 8(1)
Collect green fees from players and account for the proceeds to the Shire.
Control and record bookings by groups and individual public players.
Administer the orderly starting, dress and general behaviour of public players and administer the public facilities building including cleaning of the professional shop and snack bar.
Provide drinks and snacks to meet the reasonable demand of public players.
Retail golf equipment, including clothing and provide a repair service.
Teach golf.
Act as the starter and assist the conduct of club competitions.
Promote the development of golf in the district, including junior golf.
Provide a golf club storage and cleaning service to Club members at an annual fee to be approved by the club.
Employ suitable assistants as required for the provision of these services.
Maintain close liaison with the Club Manager and the Shire with the aim of ensuring that the rights of public and private Club players are protected as required by the terms of this Agreement.
Schedule 7—Club playing rights
Clause 16(1)
The Club shall have exclusive rights of play during such regular and recurrent hours as are determined and clearly defined by the Minister and from time to time notified to the Shire and the Club.
In determining the Club's hours of exclusive use of the Golf Course the Minister shall have regard to the number of members of the Club and as far as practicable he/she shall determine hours which satisfy the demand for access to the Golf Course of those members PROVIDED HOWEVER the Minister shall always ensure that the hours available to golfers who are not members of the Club are reasonable given the demand for access to the Golf Course by those golfers.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 10 March 1988
Legislative Council: 13 April 1988
The long title for the Bill for this Act was "A Bill to authorise the sale of the Goonawarra Golf Course, to provide for the legal effect of certain documents and for other purposes.".
The Land (Goonawarra Golf Course) Act 1988 was assented to on 19 April 1988 and came into operation on 19 April 1988.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Land (Goonawarra Golf Course) Act 1988 by Acts and subordinate instruments.