Version incorporating amendments as at
1 October 2017
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Revocations 1
5 Specified race-courses 2
Schedule 1—Specified race-courses 3
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Endnotes 39
1 General information 39
2 Table of Amendments 41
3 Amendments Not in Operation 42
4 Explanatory details 43
Version No.002
Racing (Specified Race-course) Regulations 2016
S.R. No. 116/2016
Version incorporating amendments as at
1 October 2017
1 Objective
The objective of these Regulations is to prescribe areas of land to be specified race-courses for the purposes of Division 5 of Part I of the Racing Act 1958.
2 Authorising provision
These Regulations are made under section 36 of the Racing Act 1958.
3 Commencement
These Regulations come into operation on 25 September 2016.
4 Revocations
The following Regulations are revoked—
(a) the Racing (Specified Race-course) Regulations 2006[1];
(b) the Racing (Specified Race-course) Amendment Regulations 2013[2];
(c) the Racing (Specified Race-course) Amendment Regulations 2015[3].
5 Specified race-courses
For the purposes of paragraph (b) of the definition of specified race‑course in section 3(1) of the Racing Act 1958, an area of land described in an item in Schedule 1 is prescribed to be a specified race-course.
The area of land described in Volume 11730 Folio 147.
Item 19—Donald Racecourse
The areas of the land described in the following Table to this item—
Situation of land:
Crown Allotments 1, 2 and 10 of Section 14, Parish of Banyenong, County of Kara Kara.
Instrument and date of reservation:
Order in Council dated 26 March 1901.
Description of land by reference to Government Gazette:
Government Gazette dated 4 April 1901 at page 1209.
Purpose of reservation:
Site for a Race-course, temporary.
Item 20—Donaldson Park, Wedderburn
The areas of land described in—
(a) Volume 02595 Folio 993; and
(b) Volume 06061 Folio 016; and
(c) Volume 08821 Folio 827; and
(d) Volume 03858 Folio 525; and
(e) Volume 00283 Folio 492; and
(f) Volume 03531 Folio 022; and
(g) Volume 03531 Folio 023; and
(h) Volume 03531 Folio 024; and
(i) Volume 03531 Folio 025.
Item 21—Dowling Forest Racecourse, Ballarat
The areas of land described in the following Tables to this item—
Situation of land:
Crown Allotment A of Section 5, Parish of Dowling Forest.
Purpose of reservation:
Deemed to be unalienated land of the Crown temporarily reserved pursuant to the Crown Land (Reserves) Act 1978 for the purposes of section 127(3) of the Racing Act 1958 as in force before its repeal by section 194(7) of the Gaming and Betting Act 1994.
Situation of land:
Crown Allotment B of Section 5, Parish of Dowling Forest, County of Ripon.
Instrument and date of reservation:
Order in Council dated 15 August 1972.
Description of land by reference to Government Gazette:
Government Gazette dated 23 August 1972 at page 2917.
The area of land described in Volume 11796 Folio 023.
Item 25—Frank Ryan Raceway, Echuca
The area of land described in the following Tables to this item—
Situation of land:
Crown Allotment 54B of Section A, Parish of Echuca North.
Instrument and date of reservation:
Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of land by reference to Government Gazette:
Government Gazette dated 18 March 1881 at page 817.
Purpose of reservation:
Site for Public purposes, permanent.
Situation of land:
Crown Allotment 54A of Section A, Parish of Echuca North, County of Rodney.
Instrument and date of reservation:
Order in Council dated 17 February 1976.
Description of land by reference to Government Gazette:
Government Gazette dated 25 February 1976 at page 604.
Purpose of reservation:
Site for Public purposes (Racecourse and Recreation), temporary.
Extent of revocation of temporary reservation:
The portions containing 1478 square metres in total shown as Crown Allotments 54C, 54D, 54E, 54F, 54G and 54H, Section A, Parish of Echuca North on Original Plan No. 120579 lodged in the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958.
Item 26—Glenview Park, Traralgon
The area of land described in Volume 10292 Folio 923.
Item 27—Great Western Racecourse
The area of land described in the following Table to this item—
Situation of land:
Crown Allotment 25 of Section 1, Parish of Concongella South.
Instrument and date of reservation:
Order in Council dated 13 May 1867.
Description of land by reference to Government Gazette:
Government Gazette dated 21 May 1867 at pages 916 and 917.
Purpose of reservation:
Site for Racing and General Recreation purposes, temporary.
Item 28—Greenwattle Racecourse, Sale
The areas of land described in the following Tables to this item—
Situation of land:
Crown Allotment 102 of Section 1, Parish of Sale, County of Tanjil.
Instrument and date of reservation:
Order in Council dated 14 March 1882.
Description of land by reference to Government Gazette:
Government Gazette dated 17 March 1882 at page 667.
Purpose of reservation:
Site for Racecourse, temporary.
Situation of land:
Crown Allotment 100D of Section 1, Parish of Sale.
Instrument and date of reservation:
Order in Council dated 14 October 1986.
Description of land by reference to Government Gazette:
Government Gazette dated 22 October 1986 at page 4043.
Purpose of reservation:
Racecourse purposes, temporary.
Item 29—Gunbower Racecourse
The areas of land described in the following Table to this item—
Situation of land:
Crown Allotments 78 and 79 of Section E, Parish of Patho, County of Gunbower.
Instrument and date of reservation:
Order in Council dated 30 January 1894.
Description of land by reference to Government Gazette:
Government Gazette dated 2 February 1894 at page 629.
Purpose of reservation:
Site for a Race-course and other purposes of Public Recreation, temporary.
Item 30—Hamilton Harness Racing Club
The area of land described in Volume 10994 Folio 243.
Item 31—Hamilton Racecourse
The area of land described in the following Table to this item—
Situation of land:
Crown Allotment 23 of Section 25, Parish of Hamilton North, County of Dundas.
Instrument and date of reservation:
Order in Council dated 26 January 1874 published in the Government Gazette on 20 February 1874 at page 359.
Description of land by reference to Government Gazette:
Government Gazette dated 15 November 1872 at page 2085.
Purpose of reservation:
Site for Racing and Recreation Reserve, permanent.
Item 32—Hanging Rock Racecourse
The area of land described in the following Table to this item—
Situation of land:
Crown Allotment 7A of Section 2, Township of Horsham, Parish of Newham, County of Dalhousie.
Instrument and date of reservation:
Order in Council dated 25 November 1884, published in the Government Gazette on 28 November 1884 at page 3210.<br>Crown Grant Volume 1669 Folio 746.
Description of land by reference to Government Gazette:
Government Gazette dated 24 October 1884 at pages 2988 and 2989.
Purpose of reservation:
Site for Public Recreation and for affording Access to Water, permanent.
The area of land described in Volume 11740 Folio 509.
Item 34—Horsham Racecourse
The area of land described in the following Table to this item—
Situation of land:
Crown Allotment 5B of Section 5, Town of Horsham, Parish of Horsham, County of Borung.
Instrument and date of reservation:
Order in Council dated 25 October 1949, published in the Government Gazette on 2 November 1949 at page 5981.
Description of land by reference to Government Gazette:
Government Gazette dated 28 September 1949 at page 5585.
Purpose of reservation:
Site for a Racecourse, Public Recreation and other Public purposes, permanent.
Item 35—Horsham Showgrounds
The area of land described in the following Table to this item—
Situation of land:
Crown Allotment 27 of Section 16, Township of Horsham, Parish of Horsham.
Instrument and date of reservation:
Order in Council dated 18 March 1997.
Description of land by reference to Government Gazette:
Government Gazette dated 20 March 1997 at page 647.
Purpose of reservation:
Agricultural Showgrounds and Public Recreation, temporary.
Item 36—Kerang Recreation Reserve
The area of land described in the following Table to this item—
Situation of land:
Crown Allotment 13A of Section B, Parish of Kerang, County of Gunbower.
Instrument and date of reservation:
Order in Council dated 22 April 1904, published in the Government Gazette on 27 April 1904 at page 1289.
Description of land by reference to Government Gazette:
Government Gazette dated 16 March 1904 at page 893.
Purpose of reservation:
Site for Race-course, Public recreation and Show Yards, permanent.
Item 37—Kialla Raceway, Shepparton
The areas of land—
(a) described in Volume 08937 Folio 666; and
(b) described in the following Table to this item—
Situation of land:
Crown Allotment 2085, Parish of Kialla, County of Moira.
Instrument and date of reservation:
Order in Council dated 19 March 1974.
Description of land by reference to Government Gazette:
Government Gazette dated 27 March 1974 at page 745.
Purpose of reservation:
Site for Public Recreation and Racecourse purposes, temporary.
Item 38—Kyneton Racecourse
The area of land described in the following Table to this item—
Situation of land:
Crown Allotment H of Section 45, Township of Kyneton, Parish of Lauriston.
Instrument and date of reservation:
Order in Council dated 10 September 1877.
Description of land by reference to Government Gazette:
Government Gazette dated 14 September 1877 at page 1733.
Purpose of reservation:
Site for Racing and Recreation purposes and for Drilling and Reviewing Volunteers, permanent.
Item 39—Laidlaw Park, Stawell
The area of land being Crown Allotment 14A Section 59A, Parish of Stawell.
Item 40—Logan Park, Warragul
The areas of land described in—
(a) Volume 10835 Folio 170; and
(b) the following Table to this item—
Situation of land:
Crown Allotment 25 of Section 8, Township of Warragul, Parish of Drouin East, County of Buln Buln.
Instrument and date of reservation:
Order in Council dated 12 March 1889, published in the Government Gazette on 15 March 1889 at page 945.
Description of land by reference to Government Gazette:
Government Gazette dated 15 February 1889 at page 614.
Purpose of reservation:
Site for Public Recreation, permanent.
Item 41—Lord Nelson Park, St Arnaud
The areas of land described in the following Tables to this item—
Situation of land:
Crown Allotments 8 and 10 of Section 1A, Township of St Arnaud, Parish of St Arnaud.
Instrument and date of reservation:
Order in Council dated 31 December 1946.
Description of land by reference to Government Gazette:
Government Gazette dated 8 January 1947 at page 24.
Purpose of reservation:
Showgrounds, temporary.
Situation of land:
Crown Allotment 11 of Section 1A, Township of St Arnaud, Parish of St Arnaud, County of Kara Kara.
Instrument and date of reservation:
Order in Council dated 8 February 1955.
Description of land by reference to Government Gazette:
Government Gazette dated 16 February 1955 at page 716.
Purpose of reservation:
Site for a Public Park, Recreation and Showgrounds, temporary.
Situation of land:
Crown Allotment 12A of Section 1A, Township of St Arnaud, Parish of St Arnaud.
Instrument and date of reservation:
Order in Council dated 27 October 1992.
Description of land by reference to Government Gazette:
Government Gazette dated 28 October 1992 at page 3193.
Purpose of reservation:
Public park, recreation and showgrounds, temporary.
Item 42—Lord's Raceway, Bendigo
The areas of land described in the following Tables to this item—
Situation of land:
Crown Allotment 348A, Parish of Sandhurst, County of Bendigo.
Instrument and date of reservation:
Order in Council dated 9 April 1974.
Description of land by reference to Government Gazette:
Government Gazette dated 19 April 1974 at page 969.
Purpose of reservation:
Site for Public purposes (Racecourse and Recreation), temporary.
Situation of land:
Crown Allotment 339, Parish of Sandhurst, County of Bendigo.
Purpose of reservation:
Deemed to be unalienated land of the Crown temporarily reserved pursuant to the Land Act 1958 for the purposes of section 127(3) of the Racing Act 1958 as in force before its repeal by section 194(7) of the Gaming and Betting Act 1994.
Item 43—Manangatang Racecourse
The area of land described in the following Table to this item—
Situation of land:
Crown Allotment 16, Parish of Manangatang, County of Karkarooc.
Instrument and date of reservation:
Order in Council dated 28 February 1967.
Description of land by reference to Government Gazette:
Government Gazette dated 8 March 1967 at page 801.
Purpose of reservation:
Site for Public Recreation, temporary.
Item 44—Mansfield Racecourse
The area of land described in the following Table to this item—
Situation of land:
Crown Allotment 35B, Parish of Mansfield, County of Delatite.
Instrument and date of reservation:
Order in Council dated 19 January 1932, published in the Government Gazette on 27 January 1932 at page 183.
Description of land by reference to Government Gazette:
Government Gazette dated 25 November 1931 at page 3321.
Purpose of reservation:
Site for Racecourse and other purposes of Public Recreation, permanent.
Item 45—Melton Harness Racing and Entertainment Complex
The area of land described in Volume 11787 Folio 877.
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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.
The Racing (Specified Race-course) Regulations 2016, S.R. No. 116/2016 were made on 13 September 2016 by the Administrator of the State of Victoria, as the Governor's deputy, with the advice of the Executive Council under section 36 of the Racing Act 1958, No. 6353/1958 and came into operation on 25 September 2016: regulation 3.
The Racing (Specified Race-course) Regulations 2016 will sunset 10 years after the day of making on 13 September 2026 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Racing (Specified Race-course) Regulations 2016 by statutory rules, subordinate instruments and Acts.