Victorian Legislation and Parliamentary Documentsi
Version No. 001
Swan Hill Race-course and Golf-course
Lands Act 1969
Act No. 7844/1969
Version as at 26 February 2003
TABLE OF PROVISIONS
Section Page
Short title 4
Definitions 4
Main reserve committee may grant leases of main reserve to golf
club trustees and racing club trustees 5
Pavilion site committee may grant leases to golf club trustees and
racing club trustees 5
All things done by municipality in relation to pavilion to be
deemed to have been authorized 6
Pavilion site committee to make payments to municipality to
enable discharge of loans 7
SCHEDULE—Plan of Lands in the Township of Swan Hill, Parish
of Castle Donnington, Reserved as a Site for a Race-
course and for Public Recreation 8
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ENDNOTES 9
General Information 9
Table of Amendments 10
Explanatory Details 11
Victorian Legislation and Parliamentary Documents1
Version No. 001
Swan Hill Race-course and Golf-course
Lands Act 1969
Act No. 7844/1969
Version as at 26 February 2003
An Act to make provision concerning certain Crown Lands at
Swan Hill used as a Race-course and Golf-course, and for other
purposes.
Preamble
WHEREAS—
(a) by Order of the Governor in Council on the
19th day of May, 1896, referred to in a notice
published in the Government Gazette on the
22nd day of May, 18961, certain Crown lands
at Swan Hill (then forming part of the
Township of Castle Donnington) of an area of
110 acres 3 roods 32 perches were
temporarily reserved as a site for a race-
course;
(b) the said lands were thereafter used both as a
race-course for horse racing and as a golf-
course, and committees of management were
from time to time appointed under the law
relating to Crown lands to manage and control
the said lands;
(c) by various Orders of the Governor in Council
published in the Government Gazette2 the
Order in Council temporarily reserving the
said lands was revoked as to parts of the said
lands;
(d) by Order of the Governor in Council of the
16th day of January, 1968 published in the
Government Gazette of the 24th day of
January, 19683 the remaining portion of the
Victorian Legislation and Parliamentary DocumentsAct No. 7844/1969
Swan Hill Race-course and Golf-course Lands Act 1969
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lands originally reserved as a site for a race-
course being the lands delineated and shown
by hatching and cross-hatching on the plan set
out in the Schedule to this Act except the
lands delineated and described on the said
plan as a "public recreation reserve" of an area
of one acre was temporarily reserved for the
additional purpose of public recreation;
(e) by Order of the Governor in Council of the
6th day of November, 1963 published in the
Government Gazette of the 13th day of
November, 19634 the lands delineated and
described as a "public recreation reserve" of
an area of one acre on the plan set out in the
Schedule were temporarily reserved as a site
for public recreation;
(f) by a notice dated the 17th day of January,
1968 and published in the Government
Gazette of the 24th day of January, 19685 the
Minister of Lands gave notice that he had
appointed the Corporation of the City of Swan
Hill as a committee of management of that
portion of the lands reserved which is
delineated and shown by cross-hatching on
the plan set out in the Schedule (hereinafter
called "the pavilion site");
(g) by a notice dated the 14th day of March, 1969
and published in the Government Gazette of
the 19th day of March, 1969 6 the Minister of
Lands gave notice that he had appointed a
committee of management in respect of the
lands delineated and shown by hatching on
the plan set out in the Schedule (hereinafter
called the "main reserve");
(h) the Corporation of the City of Swan Hill is
erecting on the pavilion site at a total cost of
$77 000 a building suitable for use as a
grandstand which will also contain premises
suitable for occupation and use as clubrooms
and which will have attached to it a structure
enabling the taking of photographs to
Preamble
Victorian Legislation and Parliamentary DocumentsAct No. 7844/1969
Swan Hill Race-course and Golf-course Lands Act 1969
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determine the places taken in horse races
(which building and structure are together
hereinafter called "the pavilion"), and has
borrowed sums amounting in all to $77 000
for the purpose;
(i) the committee of management appointed in
respect of the main reserve desires to be given
such authority as it needs in order to be able to
grant leases of the main reserve or part or
parts thereof to the trustees of the property of
the unincorporated association known as the
Swan Hill Jockey Club for horse racing
purposes, and to the trustees of the property of
the unincorporated association known as the
Swan Hill City Golf Club for the purposes of
a golf-course;
(j) the Corporation of the City of Swan Hill in its
capacity as the committee of management of
the pavilion site desires to be authorized to
grant to the trustees of the property of the
Swan Hill Jockey Club and the trustees of the
property of the Swan Hill City Golf Club
leases of the pavilion site or part or parts
thereof; and
(k) the Corporation of the City of Swan Hill in its
capacity as committee of management of the
pavilion site desires that it be made liable to
reimburse the said Corporation for the
expenses incurred by the Corporation in
erecting the pavilion:
AND WHEREAS it is expedient to authorize the
respective persons hereinbefore designated to do
all such things as are hereinbefore recited and to
make other provision as hereinafter enacted:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Preamble
Victorian Legislation and Parliamentary DocumentsAct No. 7844/1969
Swan Hill Race-course and Golf-course Lands Act 1969
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Short title
This Act may be cited as the Swan Hill Race-
course and Golf-course Lands Act 1969.
Definitions
In this Act unless inconsistent with the context or
subject-matter—
"golf club trustees" means the persons who are
for the time being the trustees of the property
of the Swan Hill City Golf Club and includes
their lawful assigns;
"main reserve" means the lands delineated and
shown by hatching on the plan set out in the
Schedule;
"main reserve committee" means any committee
of management appointed under the Land
Act 1958 in respect of the main reserve;
"municipality" means the Corporation of the
City of Swan Hill;
"pavilion" means the pavilion within the
meaning of the preamble to this Act;
"pavilion site" means the lands delineated and
shown by cross-hatching on the plan set out
in the Schedule;
"pavilion site committee" means any committee
of management appointed under the Land
Act 1958 in respect of the pavilion site;
"racing club trustees" means the persons who
are for the time being the trustees of the
property of the Swan Hill Jockey Club and
includes their lawful assigns.
s. 1
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3. Main reserve committee may grant leases of main
reserve to golf club trustees and racing club trustees
(1) Notwithstanding anything to the contrary in any
Act, the main reserve committee may for and on
behalf of Her Majesty from time to time grant a
lease of the main reserve or any part or parts
thereof to the golf club trustees or any other
person for use as a golf-course or to the racing
club trustees or any other person for horse racing
purposes.
(2) A lease under this section—
(a) shall be subject to such conditions covenants
exceptions and reservations as the main
reserve committee thinks fit;
(b) shall be for a term not exceeding twenty-one
years; and
(c) shall be subject to approval by the Governor
in Council.
(3) The moneys received by way of rent under a lease
granted under this section may be applied by the
main reserve committee towards the maintenance
and improvement of the main reserve.
(4) No person or body of persons whosoever or
whatsoever shall be entitled to receive or shall
receive from the Crown any money or
consideration by way of compensation in respect
of any improvement whatsoever or any act matter
or thing under this section.
4. Pavilion site committee may grant leases to golf club
trustees and racing club trustees
(1) Notwithstanding anything to the contrary in any
Act, the pavilion site committee may for and on
behalf of Her Majesty from time to time grant a
lease of the pavilion site or any part or parts
thereof to the golf club trustees, to the racing club
s. 3
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trustees or to any other person for use in
association with the main reserve.
(2) A lease under this section—
(a) shall be subject to such conditions covenants
exceptions and reservations as the pavilion
site committee thinks fit;
(b) shall be for a term not exceeding twenty-one
years; and
(c) shall be subject to approval by the Governor
in Council.
(3) Any lease granted under this section may provide
that the lessee shall be entitled to exclusive
possession of the pavilion or portion of the
pavilion at all times during the currency of the
lease.
(4) Subject to section 6, the moneys received by way
of rent under a lease granted under this section
may be applied by the pavilion site committee
towards the maintenance and improvement of the
pavilion site.
(5) Subject to section 6, no person or body of persons
whosoever or whatsoever shall be entitled to
receive or shall receive from the Crown any
money or consideration by way of compensation
in respect of any improvement whatsoever or any
act matter or thing under this section.
5. All things done by municipality in relation to
pavilion to be deemed to have been authorized
Notwithstanding anything to the contrary in any
Act—
(a) the municipality shall be deemed to have
been authorized to erect the pavilion now
being erected on the pavilion site; and
s. 5
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(b) the pavilion shall be deemed to be and to
have been a permanent work and
undertaking within the meaning of Part XV
of the Local Government Act 1958.
6. Pavilion site committee to make payments to
municipality to enable discharge of loans
Notwithstanding anything to the contrary in any
Act, the pavilion site committee shall in each year
pay to the municipality out of its revenues such
sums as will enable the municipality to discharge
its obligations under the terms of the loans made
to it for the purpose of the erection of the pavilion.
s. 6
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SCHEDULE
PLAN OF LANDS IN THE TOWNSHIP OF SWAN HILL, PARISH OF
CASTLE DONNINGTON, RESERVED AS A SITE FOR A RACE-
COURSE AND FOR PUBLIC RECREATION
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Sch.
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ENDNOTES
General Information
The Swan Hill Race-course and Golf-course Lands Act 1969 was assented
to on 20 May 1969 and came into operation on 20 May 1969.
Endnotes
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Swan Hill Race-course and Golf-course Lands Act 1969
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2. Table of Amendments
There are no amendments made to the Swan Hill Race-course and Golf-
course Lands Act 1969 by Acts and subordinate instruments.
Endnotes
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Swan Hill Race-course and Golf-course Lands Act 1969
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3. Explanatory Details
1 Preamble (a): Government Gazette 22 May 1896 page 2179.
2 Preamble (c): Government Gazettes 26 July 1939 page 2706, 29 October
1952 page 6098, 18 September 1963 page 2873, 13 December 1967
page 3775.
3 Preamble (d): Government Gazette 24 January 1968 page 232.
4 Preamble (e): Government Gazette 13 November 1963 page 3412.
5 Preamble (f): Government Gazette 24 January 1968 page 242.
6 Preamble (g): Government Gazette 19 March 1969 page 805.
Endnotes