Section 1 - Land (Revocation of Reservations) (Convention Centre Land) Act 2008 - Land (Revocation of Reservations) (Convention Centre Land) Act 2008 | Zoe
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Version No. 001
Land (Revocation of Reservations)
(Convention Centre Land) Act 2008
No. 41 of 2008
Version as at 27 August 2008
TABLE OF PROVISIONS
Section Page
1 Purpose 1
2 Commencement 1
3 Definitions 1
4 Revocation of reservation—Yarra River Wharf land 6
5 Revocation of reservation—Polly Woodside land 7
6 Consequences of revoking reservations 7
7 Registrar of Titles to make necessary amendments 7
8 Preservation of project agreements 8
9 Validation of project agreements 8
SCHEDULES 9
SCHEDULE 1—Land in Respect of which Reservations are Revoked 9
SCHEDULE 2—Yarra River Wharf Land 10
SCHEDULE 3—Polly Woodside Land 12
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ENDNOTES 13
General Information 13
Table of Amendments 14
Explanatory Details 15
1
Version No. 001
Land (Revocation of Reservations)
(Convention Centre Land) Act 2008
No. 41 of 2008
Version as at 27 August 2008
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to revoke the
permanent reservations of certain lands in the
Yarra River Wharf and Polly Woodside areas.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Definitions
In this Act—
new Convention Centre means the buildings that
are or are to be constructed at or in the
vicinity of Yarra River Wharf that are to
comprise a convention centre and associated
works;
project agreement means any of the following
agreements—
(a) the agreement entitled "Project
Agreement in relation to the
Melbourne Convention Centre
Development" entered into pursuant
to section 14 of the Project
Development and Construction
Management Act 1994 between the
Secretary and Plenary Conventions Pty
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
2
Ltd, ACN 113 442 569 dated 10 March
2006 as amended and restated on
24 May 2006 in relation to the design,
construction and financing of the new
Convention Centre;
(b) the agreement entitled "Construction
Direct Agreement" entered into
pursuant to section 14 of the Project
Development and Construction
Management Act 1994 between the
Secretary, Plenary Conventions Pty
Ltd, ACN 113 442 569 and
Multiplex Constructions Pty Ltd,
ABN 70 107 007 527 dated 24 May
2006 in relation to the construction of
the new Convention Centre;
(c) the agreement entitled "Services
Provider Direct Agreement" entered
into pursuant to section 14 of the
Project Development and
Construction Management Act
1994 between the Secretary,
Plenary Conventions Pty Ltd,
ACN 113 442 569 and Multiplex
Facilities Management Pty Ltd,
ABN 83 064 638 197 dated 24 May
2006 in relation to the construction of
the new Convention Centre;
(d) the agreement entitled "PCS Services
Provider Direct Agreement" entered
into pursuant to section 14 of the
Project Development and
Construction Management Act
1994 between the Secretary,
Plenary Conventions Pty Ltd,
ACN 113 442 569 and Plenary
Conventions Services Pty Ltd,
ABN 47 119 396 860 dated 24 May
s. 3
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
3
2006 in relation to the construction of
the new Convention Centre;
(e) the agreement entitled "State Security
in relation to the Melbourne
Convention Centre Development"
entered into pursuant to section 14
of the Project Development and
Construction Management Act
1994 between the Secretary and
Plenary Conventions Pty Ltd,
ACN 113 442 569 dated 17 May 2006
in relation to security for the
performance of certain obligations in
the construction of the new Convention
Centre;
(f) the agreement entitled "Financier
Direct Deed" entered into pursuant to
section 14 of the Project
Development and Construction
Management Act 1994 between the
Secretary, Plenary Conventions Pty
Ltd, ACN 113 442 569 and
Permanent Custodians Limited,
ACN 001 426 384 dated 24 May 2006
in relation to financial and security
arrangements for the construction of the
new Convention Centre;
(g) the agreement entitled "Independent
Reviewer Appointment Deed in
relation to the Melbourne
Convention Centre Development"
entered into pursuant to section 14 of
the Project Development and
Construction Management Act
1994 between the Secretary,
Plenary Conventions Pty Ltd,
ACN 113 442 569 and Philip
Chun & Associates Pty Ltd,
s. 3
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
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ABN 28 007 401 649 dated 24 May
2006 in relation to independent review
of the design and construction of the
new Convention Centre;
(h) the agreement entitled "Commercial
Development Agreement – NW
Precinct" entered into pursuant to
section 14 of the Project Development
and Construction Management Act
1994 between the Secretary and
Austexx Plenary Melbourne Pty Ltd,
ACN 118 666 274 dated 10 March
2006 as amended and restated on
24 May 2006 in relation to commercial
development of the new Convention
Centre site;
(i) the agreement entitled "Development
Interface Agreement" entered into
pursuant to section 14 of the Project
Development and Construction
Management Act 1994 between the
Secretary, Plenary Conventions Pty
Ltd, ACN 113 442 569, Austexx
Plenary Melbourne Pty Ltd,
ACN 118 666 274, Plenary
Conventions Hotel Pty Ltd,
ACN 118 585 792 and Austexx Plenary
Tower Pty Ltd, ACN 119 263 384
dated 10 March 2006 as amended and
restated on 24 May 2006 in relation to
protocols as to how certain services and
parts of the new Convention Centre
precinct will be shared by the parties,
and how each of the parties will
undertake their respective
developments;
s. 3
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
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(j) the agreement entitled "Commercial
Development Agreement – Hotel"
entered into pursuant to section 14 of
the Project Development and
Construction Management Act 1994
between the Secretary and Plenary
Conventions Hotel Pty Ltd,
ACN 118 585 792 dated 10 March
2006 as amended and restated on
24 May 2006 in relation to a hotel
development associated with the
development of the new Convention
Centre site;
(k) the agreement entitled "Deed of
Variation – Commercial Development
Agreement – NW Precinct – in relation
to the Melbourne Convention Centre
Development" entered into pursuant to
section 14 of the Project Development
and Construction Management
Act 1994 between the Secretary and
South Wharf Retail Pty Ltd,
ACN 118 666 274 (formerly
Austexx Plenary Melbourne Pty Ltd)
dated 13 December 2007 in relation to
commercial development of the new
Convention Centre site and the South
Wharf Sheds;
(l) the agreement entitled "Works
Agreement" entered into pursuant to
section 14 of the Project Development
and Construction Management Act
1994 between the National Trust of
Australia (Victoria) and Plenary Group
Pty Ltd, ACN 108 934 612 dated
23 May 2006 in relation to the carrying
out of certain works at or around the
site of Polly Woodside;
s. 3
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
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(m) the agreement entitled "Deed of
Agreement" entered into pursuant to
section 14 of the Project
Development and Construction
Management Act 1994 between the
Secretary and Plenary Group Pty Ltd,
ACN 108 934 612 dated 12 December
2007 in relation to the carrying out of a
scope of works to be carried out by or
on behalf of Plenary Group on the new
Convention Centre;
(n) the agreement entitled "Melbourne
Convention Centre Development
National Trust – Scope of Works"
between National Trust of Australia
(Victoria) and Plenary Group Pty Ltd
dated 28 November 2007 in relation to
the scope of works under the Deed of
Agreement as described in
paragraph (m);
(o) any agreement that arises from, out of,
or is in relation to or connected with, an
agreement referred to in paragraphs (a)
to (n);
Secretary has the same meaning as Secretary to
the Department of Infrastructure has in the
Project Development and Construction
Management Act 1994.
4 Revocation of reservation—Yarra River Wharf land
The Order in Council specified in item 1 of
Schedule 1 is revoked to the extent that it applies
to the land shown hatched on the plans in Parts 1
and 2 of Schedule 2.
s. 4
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
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5 Revocation of reservation—Polly Woodside land
The Order in Council specified in item 2 of
Schedule 1 is revoked to the extent that it applies
to the land shown hatched on the plan in
Schedule 3.
6 Consequences of revoking reservations
On the revocation of an Order in Council
reserving land under section 4 or 5—
(a) that land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
(c) the appointment of any trustee of the land is
revoked to the extent that the appointment
relates to that land; and
(d) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
7 Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings
in or amendments to the Register kept under the
Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Act.
s. 5
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
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8 Preservation of project agreements
The status or continuity of a project agreement
that was in force immediately before the
revocation of the reservations of land under
sections 4 and 5 is not to be taken to be affected
by the operation of those sections to the extent
that the project agreement relates to the land to
which those sections apply.
9 Validation of project agreements
Despite anything to the contrary in the Crown
Land (Reserves) Act 1978, a project agreement
entered into before the commencement of
sections 4 and 5 is deemed always to have been
validly entered into to the extent that the
agreement was entered into inconsistently with
that Act and the person entering into the project
agreement on behalf of the State is deemed always
to have had the power to do so to the extent that
the person did not have power to enter into that
agreement under that Act.
s. 8
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
9
SCHEDULES
SCHEDULE 1
LAND IN RESPECT OF WHICH RESERVATIONS ARE
REVOKED
Item 1—Yarra River Wharf land
Situation and area of land: City of South Melbourne, Parish of
Melbourne South, being Crown
Allotments 77H and 77R.
Instrument and date of
reservation:
Order in Council dated 2 July 1996.
Description of land by reference
to Government Gazette:
Government Gazette dated 4 July
1996, page 1712.
Purpose of reservation: Site for public purposes (wharf and
associated tourist facilities).
Extent of revocation: The land shown hatched on the plans
in Parts 1 and 2 of Schedule 2.
Item 2—Polly Woodside land
Situation and area of land: City of South Melbourne, Parish
of Melbourne South, the remainder
of land being part of Crown
Allotment 77B.
Instrument and date of
reservation:
Order in Council dated 13 June 1984.
Description of land by reference
to Government Gazette:
Government Gazette dated 20 June
1984, page 1972.
Purpose of reservation: Site for conservation of an area of
historic interest.
Extent of revocation: The land shown hatched on the plan in
Schedule 3.
Sch. 1
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
10
SCHEDULE 2
YARRA RIVER WHARF LAND
PART 1
Sch. 2
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
11
PART 2
Sch. 2
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
12
SCHEDULE 3
POLLY WOODSIDE LAND
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Sch. 3
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
13
ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 12 June 2008
Legislative Council: 31 July 2008
The long title for the Bill for this Act was "A Bill for an Act to provide for
the revocation of reservations of various parcels of land in the Yarra River
Wharf and Polly Woodside areas and for other purposes."
The Land (Revocation of Reservations) (Convention Centre Land) Act
2008 was assented to on 26 August 2008 and came into operation on
27 August 2008: section 2.
Endnotes
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
14
2. Table of Amendments
There are no amendments made to the Land (Revocation of Reservations)
(Convention Centre Land) Act 2008 by Acts and subordinate instruments.
Endnotes
Land (Revocation of Reservations) (Convention Centre Land) Act 2008
No. 41 of 2008
15
3. Explanatory Details
No entries at date of publication.
Endnotes