Version incorporating amendments as at
15 December 2017
table of provisions
Section Page
Part 1—Preliminary 2
1 Purposes 2
2 Commencement 2
3 Definitions 3
Part 2—Agreement and approval of corporation 4
4 Recognised agreement between the Crown and the Society 4
5 Approval of corporation by the Minister 4
Part 3—Land to become unalienated Crown land 6
6 Effect of surrender of freehold showgrounds land to the Crown 6
7 Revocation of Reservations and Crown Grants 6
Part 4—Land grants and allocations to approved corporation 8
8 Definitions 8
9 Issue of Crown Grant 9
10 Preparation of allocation statement 9
11 Property transferred to approved corporation 10
12 Allocation of property etc. subject to encumbrances 10
13 Substitution of party to agreement 11
14 Society instruments 11
15 Taxes 11
16 Validity of things done under this Part 11
Part 5—Miscellaneous and savings provisions 13
17 Registrar of Titles to make necessary amendments 13
18 Preservation of leases 13
Part 6—Amendment of other Acts 15
19 Repeal of certain sections in the Royal Agricultural Show-grounds Act 1931 15
20 Repeal of section 48 of the Racing Act 1958 15
Schedules 16
Schedule 1—Freehold showgrounds land 16
Schedule 2—Land in respect of which reservations are revoked 17
Schedule 3—Preserved leases 19
Endnotes 21
1 General information 21
2 Table of Amendments 23
3 Amendments Not in Operation 24
4 Explanatory details 25
Version No.004
Royal Agricultural Showgrounds Act 2003
No. 45 of 2003
Version incorporating amendments as at
15 December 2017
Preamble
On 15 May 1882 land at Flemington and Essendon was permanently reserved as a site for the use of the National Agricultural Society of Victoria for Show Yards and other purposes:
That land, by Crown grant, was subsequently granted, on 27 August 1886, to Trustees upon trust to be maintained and used as a site for show yards of the National Agricultural Society of Victoria:
On 5 August 1913 other land at Flemington was permanently reserved as a site for Agricultural Show purposes:
That land, by Crown grant, was subsequently granted on 22 June 1914 to Trustees upon trust to be maintained and used for agricultural show purposes:
Certain parts of that land were subsequently transferred to The Victorian Railways Commissioners and the Mayor, aldermen, councillors and citizens of the City of Melbourne:
Subsequently, by the Royal Agricultural Show-grounds Act 1931, certain alterations were made to the purposes for which the remaining land could be used and certain references to the National Agricultural Society of Victoria were deemed to be references to the Royal Agricultural Society of Victoria Limited, A.C.N. 006 728 785:
In addition freehold titles to several parcels of land in the vicinity were acquired by predecessors in law to the Royal Agricultural Society of Victoria Limited, A.C.N. 006 728 785 for use as part of the Royal Melbourne Showgrounds:
It is now proposed to make provision for the land that is needed for use as showgrounds and for other recreation, entertainment and amusement purposes. To facilitate that proposal, it is expedient to provide that, on surrender of the freehold land, the reservations and Crown grants of the reserved lands are revoked and to provide for the granting of a new Crown grant to a corporation representing the Crown and the Royal Agricultural Society of Victoria Limited, A.C.N. 006 728 785.
The Parliament of Victoria therefore enacts as follows:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to make provision relating to the use of land for the purposes of the Royal Melbourne Show and for other recreation, entertainment and amusement purposes; and
(b) to amend the Royal Agricultural Show-grounds Act 1931 and the Racing Act 1958.
2 Commencement
(1) Subject to subsection (3), this Act, other than Part 6, comes into operation on a day to be proclaimed.
(2) Subject to subsection (3), Part 6 comes into operation on a day to be proclaimed, not being a day earlier than the day on which this Act (other than Part 6) comes into operation.
(3) If this Act (other than Part 6) does not come into operation before 31 December 2004, this Act expires on that day.
3 Definitions
In this Act—
approved corporation means the corporation approved by the Minister under Part 2;
freehold showgrounds land means the land described in the folios of the Register set out in Schedule 1, to the extent that that land is shown on the plan numbered
LEGL./02–062;
S. 3 def. of plan numbered LEGL./02–062 amended by No. 53/2017 s. 91.
plan numbered LEGL./02*–*062 means the plan lodged in the Central Plan Office and numbered LEGL./02–062;
Society means the company incorporated under the Corporations Law of Victoria called the Royal Agricultural Society of Victoria Limited, A.C.N. 006 728 785, or, if that company changes its name, that company under its new name.
Part 2—Agreement and approval of corporation
4 Recognised agreement between the Crown and the Society
For the purposes of this Act the recognised agreement is an agreement in which the Society and the Minister on behalf of the Crown agree—
(a) that a corporation be incorporated under the Corporations Act, having as its members the Crown and the Society; and
(b) that the freehold showgrounds land be surrendered to the Crown; and
(c) that, on the surrender of the freehold showgrounds land to the Crown, the reservation of the land described in items 1, 2 and 3 of Schedule 2 be revoked; and
(d) that the part of the land shown on the plan numbered LEGL./02–062 that is specified in the agreement be granted to the approved corporation; and
(e) that any such grant is to be subject to any terms, conditions, covenants, exceptions, reservations and limitations specified in the agreement.
5 Approval of corporation by the Minister
(1) For the purposes of this Act the Minister may approve a corporation.
(2) The Minister must not approve a corporation under subsection (1) unless the Minister is satisfied that—
(a) the Society and the Crown have entered into the recognised agreement; and
(b) the corporation is incorporated under the Corporations Act; and
(c) the corporation has two members only, of whom one is the Crown and the other is the Society; and
(d) each member of the corporation is represented on the governing body of the corporation; and
(e) the corporation has, as one of its objects, the facilitation and enhancement of Victorian agricultural industries.
(3) As soon as possible after making an approval under this section, the Minister must cause notice of the making of the approval to be given to the Society and published in the Government Gazette.
(4) An approval under this section has effect from the day on which notice of it is given to the Society.
(5) Once the Minister has approved the corporation under this section, the power to make the approval is exhausted and the Minister does not have the power to make any further approval under this section, or to amend or revoke the approval so made.
Part 3—Land to become unalienated Crown land
6 Effect of surrender of freehold showgrounds land to the Crown
On the surrender of the whole of the freehold showgrounds land to the Crown—
(a) if any part of the land is a road or is being used as a road, that part of the land ceases to be a road and all rights, easements and privileges existing or claimed in it either in the public or in any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease and determine; and
(b) the land is deemed to be unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(c) the folios of the Register set out in Schedule 1 are revoked in so far as they apply to the freehold showgrounds land.
7 Revocation of Reservations and Crown Grants
(1) On the surrender of the whole of the freehold showgrounds land to the Crown—
(a) Crown Grant Volume 1902 Folio 325 is revoked to the extent that it applies to the land shown on the plan numbered LEGL./02–062; and
(b) the Order in Council specified in item 1 of Schedule 2 is revoked, to the extent that it applies to the land shown on the plan numbered LEGL./02–062.
(2) On the surrender of the whole of the freehold showgrounds land to the Crown—
(a) Crown Grant Volume 3807 Folio 226 is revoked to the extent that it applies to the land shown on the plan numbered LEGL./02–062; and
(b) the Order in Council specified in item 2 of Schedule 2 is revoked, to the extent that it applies to the land shown on the plan numbered LEGL./02–062.
(3) On the surrender of the whole of the freehold showgrounds land to the Crown, the Order in Council specified in item 3 of Schedule 2 is revoked.
(4) On the revocation, specified in subsections (1), (2) and (3), of the Orders in Council specified in items 1, 2 and 3 of Schedule 2—
(a) the land to which that part of those Orders that is revoked applies, 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 persons to act as Trustees of that land is revoked, to the extent that that appointment relates to that land; and
(c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
Part 4—Land grants and allocations to approved corporation
8 Definitions
In this Part—
appointed day means the day on which the Crown grant is issued under section 9;
former Society property means property, rights or liabilities of the Society that, under this Part, have vested in or become property, rights or liabilities of the approved corporation;
instrument includes a document and an oral agreement;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
Society instrument means an instrument subsisting immediately before the appointed day—
(a) to which the Society was a party; or
(b) that was given in favour of the Society; or
(c) that refers to the Society; or
(d) under which—
(i) money is or may become payable to or by the Society; or
(ii) other property is to be or may become liable to be transferred to or by the Society.
9 Issue of Crown Grant
(1) As soon as possible after the surrender of the whole of the freehold showgrounds land to the Crown, the Governor in Council, on behalf of the Crown, must grant to the approved corporation that part of the land shown on the plan numbered LEGL./02–062 that has been specified in the recognised agreement as land that is to be granted to the approved corporation.
(2) A Crown grant under this section is subject to any terms, conditions, covenants, exceptions, reservations and limitations—
(a) that are determined by the Governor in Council; and
(b) that are not inconsistent with the terms of the recognised agreement.
10 Preparation of allocation statement
(1) The Society may give to the Minister, before the day on which the Crown grant is issued under section 9, a statement of any property, rights and liabilities of the Society that relate to the land shown on the plan numbered LEGL./02–062 that are to be assigned to the approved corporation.
(2) A statement under this section must be signed by the Chairperson of the Society, the Minister and the Chairperson of the approved corporation.
(3) If the Minister and the Chairperson of the Society and of the approved corporation agree, the statement is an allocation statement for the purposes of this Part.
11 Property transferred to approved corporation
On the appointed day—
(a) all property and rights of the Society that are allocated to the approved corporation under the allocation statement, vest in the approved corporation; and
(b) all liabilities of the Society that are allocated to the approved corporation under the allocation statement, become liabilities of the approved corporation and cease to be liabilities of the Society.
12 Allocation of property etc. subject to encumbrances
Unless an allocation statement under this Part otherwise provides, where, under this Part property and rights vest in the approved corporation or liabilities become liabilities of the approved corporation—
(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
(b) the rights to which the Society was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Society, vest in the approved corporation.
13 Substitution of party to agreement
If, under an allocation statement, the rights and liabilities of the Society under an agreement are allocated to the approved corporation—
(a) the approved corporation becomes, on the appointed day, a party to the agreement in place of the Society; and
(b) on and after the appointed day, the agreement has effect as if the approved corporation had always been a party to the agreement.
14 Society instruments
Each Society instrument relating to former Society property continues to have effect according to its tenor on and after the appointed day as if a reference in the instrument to the Society were a reference to the approved corporation.
15 Taxes
No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Society.
16 Validity of things done under this Part
(1) Nothing effected by this Part or done or suffered by the Society, the State, a Minister or the approved corporation under this Part—
(a) is to be regarded as placing the Society, the State, a Minister or the approved corporation in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
(d) releases any surety or other obligor wholly or in part from any obligation.
(2) The validity of any act or transaction of the Society or the approved corporation must not be called in question in any proceedings on the ground that any provision of this Part had not been complied with.
Part 5—Miscellaneous and savings provisions
17 Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.
18 Preservation of leases
(1) In this section lease includes an agreement, licence or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease.
(2) The surrender by the Society to the Crown of any land affected by a lease specified in Schedule 3 and existing immediately before that surrender does not affect the status or continuity of that lease, and that lease has effect, on and from that surrender—
(a) as a lease between the Minister and the lessee for the time being under the lease, as if it had been assigned to the Minister; and
(b) as if the lease referred to the Minister instead of to the lessor (however described).
(3) The revocation under section 7 of the reservation of any land affected by a lease specified in Schedule 3 and existing immediately before that revocation does not affect the status or continuity of that lease, and that lease has effect, on and from that revocation—
(a) as a lease between the Minister and the lessee for the time being under the lease, as if it had been assigned to the Minister; and
(b) as if the lease referred to the Minister instead of to the lessor (however described).
(4) The issue of a Crown grant of any land affected by a lease specified in Schedule 3 and existing immediately before that issue does not affect the status or continuity of that lease, and the lease has effect on and from that issue—
(a) as a lease between the person to whom the Crown grant is made and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and
(b) as if the lease referred to the person to whom the Crown grant is made instead of to the lessor (however described).
(5) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.
(6) Nothing effected by this section—
(a) is to be regarded as placing any person in breach of or as constituting a default under any provision prohibiting, restricting or regulating the assignment of the lease; or
(b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or
(c) releases any surety or other obligor wholly or in part from any obligation.
Part 6—Amendment of other Acts
19 Repeal of certain sections in the Royal Agricultural Show-grounds Act 1931
In the Royal Agricultural Show-grounds Act 1931, sections 1A, 2, 4, 5 and 6 are repealed.
20 Repeal of section 48 of the Racing Act 1958
Section 48 of the Racing Act 1958 is repealed.
Schedules
Schedule 1—Freehold showgrounds land
Volume 4950 Folio 829
Volume 4950 Folio 830
Volume 1588 Folio 409
Volume 6333 Folio 488
Volume 3859 Folio 752
Volume 3893 Folio 500
Volume 8038 Folio 127
Volume 1463 Folio 579
Volume 6826 Folio 164
Volume 2859 Folio 661
Volume 2859 Folio 662
Volume 4956 Folio 111
Schedule 2—Land in respect of which reservations are revoked
Item 1
Situation and area of land:
Essendon and Flemington, being the land described in Crown Grant Volume 1902 Folio 325.
Instrument and date of reservation:
Order in Council dated 15 May 1882.
Description of land by reference to Government Gazette:
Government Gazette dated 19 May 1882, page 1127.
Purpose of reservation:
Site for the use of the National Agricultural Society of Victoria for Show Yards and other purposes.
Extent of revocation:
That part of the reserve that applies to the land shown on the plan numbered LEGL./02–062.
Item 2
Situation and area of land:
Flemington, being the land described in Crown Grant Volume 3807 Folio 226.
Instrument and date of reservation:
Order in Council dated 5 August 1913.
Description of land by reference to Government Gazette:
Government Gazette dated 13 August 1913, page 3532.
Purpose of reservation:
Site for Agricultural Show purposes.
Extent of revocation:
That part of the reserve that applies to the land shown on the plan numbered LEGL./02–062.
Item 3
Situation and area of land:
Flemington, Parish of Doutta Galla, County of Bourke, 0⋅024 hectares.
Instrument and date of reservation:
Order in Council dated 15 January 1959.
Description of land by reference to Government Gazette:
Government Gazette dated 21 January 1959, page 140.
Purpose of reservation:
Site for Showground and Public Recreation.
Extent of revocation:
The whole reserve.
Schedule 3—Preserved leases
Parties
Location
Date of lease
Affected Titles
The Society<br>The Ascot Showgrounds Day Nursery Incorporated
Corner of McCaw Avenue and Staughton Parade
Lease dated 28 September 1988<br>Lease to expire 30 December 2008
Volume 1902 Folio 325
The Society<br>Australian Meat Board
Meat Pavilion, Corner Lennon Avenue and Mitchell Street
Deed dated 2 March 1965
Volume 1902 Folio 325
The Society<br>Minister for Finance, State Government of Victoria
Victorian Expo Centre
Lease commenced 27 September 1996<br>Lease expires 30 June 2018
Volume 4950 Folio 829<br>Volume 4950 Folio 830
The Society<br>Victorian Agricultural Societies Association Incorporated
VASA Building<br>McGregor Street
Lease commenced 22 April 1991<br>Lease expires 22 April 2011
Volume 4950 Folio 829
The Society<br>Victorian Canine Association Incorporated
Woodful and Cockbill Pavilion and surrounds
Lease dated 24 November 1993<br>Lease expires 1 January 2007
Volume 3807 Folio 226
Parties
Location
Date of lease
Affected Titles
The Society<br>Horseland Pty. Ltd.
Scott Pavilion<br>Plummer Avenue
Licence commenced 1 February 1998<br>Licence expired 31 January 2001<br>Option for further licence for 3 years exercised
Volume 1902<br>Folio 325
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: 1 May 2003
Legislative Council: 22 May 2003
The long title for the Bill for this Act was "to make provision relating to the use of land for the purposes of the Royal Melbourne Show and for other recreation, entertainment and amusement purposes, to amend the Royal Agricultural Show-grounds Act 1931 and the Racing Act 1958 and for other purposes."
The Royal Agricultural Showgrounds Act 2003 was assented to on 11 June 2003 and came into operation as follows:
Sections 1–18, Schedules 1–3 on 30 December 2004: Government Gazette 23 December 2004 page 3476; Part 6 (sections 19, 20) not yet proclaimed.
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 Royal Agricultural Showgrounds Act 2003 by Acts and subordinate instruments.