Version No. 012
Port Bellarine Tourist Resort Act 1981
Act No. 9555/1981
Version incorporating amendments as at 1 June 2001
table of provisions
SectionPage
1
SectionPage
PART 1—PRELIMINARY
1.Short title
2.Definition
3.Act to bind Crown
PART 2—RATIFICATION OF AGREEMENT
4.Ratification of Agreement
4A.New General Arrangement Plan
5.Section 569B(8A) of Local Government Act 1958
6.Reclamation area
PART 3—PORT BELLARINE COMMITTEE OF MANAGEMENT
7.Definitions
8.Committee of Management
9.Functions of Committee
10.Membership
11.Vacancies
12.Meetings
13.Port Bellarine Public Reserve
14.Powers of committee
15.Port Bellarine Public Reserve Management Fund
16.Committee may lease land
17.Owners of land may erect jetties with consent of Committee
18.Borrowing powers of Committee
19.Estimates
20.Contribution by Shire of Bellarine
21.Repealed18
22.Regulations
______
SCHEDULES
SCHEDULE 1—Agreement
SCHEDULE 2—Repealed29
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 012
Port Bellarine Tourist Resort Act 1981
Act No. 9555/1981
Version incorporating amendments as at 1 June 2001
An Act to ratify validate approve and otherwise give effect to an Agreement between the Premier for and on behalf of the State of Victoria and Grawin Proprietary Limited with respect to the Development of Land near Portarlington in the State of Victoria for the purpose of the Establishment of a Tourist Resort, to provide for the Rezoning of the Land in the Tourist Resort Area, to establish a Committee of Management of Crown Lands in the Tourist Resort Area and for other purposes.
1
Port Bellarine Tourist Resort Act 1981
Act No. 9555/1981
Preamble
WHEREAS Grawin Pty. Limited a company incorporated in the State of Victoria is desirous of establishing a tourist resort on certain lands near Portarlington:
And whereas an Agreement to facilitate the establishment of the said tourist resort has been entered into between the Premier of the State of Victoria and the Company:
And whereas pursuant to the said Agreement it is proposed to make provision for the establishment of a Committee of Management of Crown Lands in the Tourist Resort Area:
And whereas pursuant to the said Agreement it is proposed to make provision for the rezoning of the land in the Tourist Resort Area:
And whereas the said Agreement is expressed to be subject to ratification by the Parliament of Victoria:
And whereas it is expedient in the public interest to ratify validate approve and give the effect of law to the said Agreement 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):
Part I—Preliminary
1.Short title
s. 1
(1)This Act may be cited as the Port Bellarine Tourist Resort Act 1981.
(2)The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
(3)This Act is divided into Parts as follows—
Part I—Preliminary ss 1–3
Part II—Ratification of Agreement ss 4–6
Part III—Port Bellarine Committee of Management ss 7–22.
2.Definition
(1)In this Act unless inconsistent with the context or subject-matter—
"the Agreement" means the Agreement a copy of which is set out in the First Schedule.
(2)Expressions used in this Act and which are also used in the Agreement shall have the meanings respectively assigned to them in the Agreement.
3.Act to bind Crown
s. 3
This Act shall bind the Crown.
______
Part II—Ratification of Agreement
4.Ratification of Agreement
s. 4
(1)The Agreement is hereby ratified validated and approved and given the force of law and shall take effect as though its provisions had been expressly enacted in this Act.
(2)The Premier and all other Ministers of the State of Victoria and all public statutory corporations and all officers concerned are hereby empowered to carry out the Agreement and to enter into such agreements and to give such approvals as are provided for by it.
4A.New General Arrangement Plan
S. 4A
inserted by No. 10141 s. 4.
The Agreement shall have effect as if, in the interpretation of "General Arrangement Plan" in clause 1(1) of the Agreement, for the expression "sketch plan numbered 017/1" there were substituted the expression "sketch plan numbered 017/2".
5.Section 569B(8A) of Local Government Act 1958
Notwithstanding anything in any other Act, the provisions of sub-section (8A) of section 569B of the Local Government Act 1958 shall not apply with respect to any plan of subdivision or cluster subdivision lodged with the council of a municipality by the Company in relation to land in the Tourist Resort Area.
6.Reclamation area
(1)Notwithstanding anything in any other Act, the land in the Reclamation Area shall be deemed to form part of the municipal district of the Shire of Bellarine and of the Geelong region for planning purposes until the day on which the reclaimed lands in the Reclamation Area are surrendered to the Crown pursuant to the Agreement.
S. 6(2) repealed by No. 10141
s. 5(a)
*****
s. 6
(3)In this section "Geelong region" has the same meaning as it has in the Geelong Regional Commission Act 1977.
______
Part III—Port Bellarine Committee of Management
7.Definitions
s. 7
In this Part unless inconsistent with the context or subject-matter—
"Committee" means the Port Bellarine Committee of Management established under this Part;
"financial year" means the year ending on the 30th day of September;
"Fund" means the Port Bellarine Public Reserve Management Fund;
"land" includes submerged land and any waters thereon;
"marina" means an area where facilities are provided for the launching, landing, berthing, storing, repairing and provisioning of boats, the parking of motor vehicles and trailers, the fuelling and servicing of boats and motor vehicles and the recreation comfort and convenience of persons who own or use boats or motor vehicles and of members of the public;
"regulations" means regulations under this Part;
"Reserve" means the Port Bellarine Public Reserve;
"Treasurer" means the Treasurer of Victoria.
8.Committee of Management
(1)For the purposes of this Act there shall be established a Port Bellarine Committee of Management.
(2)The Committee shall be a body corporate by the name of the "Port Bellarine Committee of Management" with perpetual succession and a common seal and be capable in law of holding, acquiring and disposing of personal property and of suing and being sued in its corporate name.
(3)The common seal of the Committee shall be kept in such custody as the Committee directs and shall not be used except as authorized by the Committee.
(4)All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Committee affixed to any document and until the contrary is proved shall presume that it was duly affixed.
9.Functions of Committee
s. 9
The functions of the Committee are—
(a)to manage improve maintain and control the land in the Port Bellarine Public Reserve;
(b)to maintain the approach channel to the Reserve;
(c)to grant leases and licences and enter into agreements for the use of land in the Reserve as provided under this Part; and
(d)to exercise any powers and carry out any duties conferred or imposed on it by or under this Part.
10.Membership
(1)Subject to sub-section (2), the Committee shall consist of seven members appointed by the Governor in Council of whom—
S. 10(1)(a) amended by No. 46/1998
s. 7(Sch. 1).
(a)one shall be an employee in the Department of Natural Resources and Environment nominated for the time being by the Minister;
(b)one shall be nominated by the Port Phillip Authority;
(c)one shall be nominated by the Geelong Harbor Trust Commissioners;
S. 10(1)(d) amended by No. 9902
s. 2(1)(Sch. item 209).
(d)two shall be nominated by the Minister from a panel of not less than five names submitted by the Council of the Shire of Bellarine;
(e)one shall be nominated by the Minister from a panel of not less than three names submitted by the Company; and
(f)one shall be nominated by the Geelong Regional Commission.
s. 10
(2)Notwithstanding sub-section (1), on the date that the Minister specifies to be the date of completion of the Port Bellarine Tourist Resort Project, the member appointed pursuant to paragraph (e) of sub-section (1) shall cease to hold office and shall be replaced by two members appointed by the Governor in Council of whom—
(a)one shall be nominated by the Minister to represent persons conducting commercial enterprises within the Tourist Resort Area; and
(b)one shall be nominated by the Minister to represent the owners of residential land in the Tourist Resort Area.
(3)The Governor in Council shall appoint one of the members of the Committee to be chairman.
(4)If for any cause either of the bodies authorized under sub-section (1) to submit a panel of names fails to submit a sufficient panel of names within 30 days after being requested to do so by the Minister, the Governor in Council may appoint a person to be a member without any such nomination.
(5)Subject to this Act, a member of the Committee shall hold office for such period not exceeding three years as is specified in the instrument of his appointment but shall be eligible for re-appointment.
(6)The Governor in Council may at any time remove a member of the Committee from office.
(7)A member of the Committee may resign his office by writing signed by him and delivered to the Governor in Council.
(8)In the case of the illness or absence of a member or in the case of a vacancy in the office of a member the Governor in Council may, subject to this section, appoint some suitable person to act as the deputy of that member during that illness or absence or until that vacancy is filled (as the case may be) and the deputy may exercise the powers and perform the duties of that member accordingly.
11.Vacancies
s. 11
If any member of the Committee—
(a)is absent without permission of the Committee from four consecutive meetings of the Committee;
(b)becomes bankrupt or his property becomes in any manner subject to control under the law relating to bankruptcy;
(c)is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence;
(d)becomes incapable of performing the duties of his office;
(e)is removed from office or resigns his office; or
(f)dies—
his office as a member of the Committee shall become vacant.
12.Meetings
s. 12
(1)The chairman shall preside at a meeting of the Committee at which he is present and if he is not present at a meeting the members present shall elect one of their number to preside at the meeting.
(2)Four members of the Committee shall constitute a quorum.
(3)Subject to the presence of a quorum the Committee may act notwithstanding any vacancy in its membership.
(4)A question arising at a meeting of the Committee shall be determined by a majority of the votes of the members of the Committee present and voting and in the event of an equality of votes the person presiding shall have an additional or casting vote.
(5)An act or decision of the Committee shall not be invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member of the Committee or, in the case of a person appointed to act as a member, on the ground that the occasion for his so acting had not arisen or had ceased.
(6)Subject to this Act the Committee may regulate its own proceedings.
13.Port Bellarine Public Reserve
s. 13
(1)All lands in the Tourist Resort Area which are surrendered to the Crown from time to time pursuant to the Agreement shall from the date of surrender be deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purpose of providing areas for public recreation and facilities and services for tourists.
(2)All Crown lands in the Tourist Resort Area (other than lands referred to in sub-section (1)) may be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purpose of providing areas for public recreation and facilities and services for tourists.
(3)The lands which are permanently reserved as provided by this section shall be known as the Port Bellarine Public Reserve.
14.Powers of committee
The Committee shall for the purposes of the management improvement maintenance and control of the lands in the Port Bellarine Public Reserve be deemed to have the same powers functions and duties as a committee of management under paragraphs (a) to (d) (both inclusive) and (i) of section 15(1) of the Crown Land (Reserves) Act 1978.
15.Port Bellarine Public Reserve Management Fund
(1)For the purposes of this Part there shall be a Fund to be known as the Port Bellarine Public Reserve Management Fund.
S. 15(2) amended by No. 11/2001 s.3(Sch. item56.1).
(2)The Committee shall open and maintain accounts with any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth for the time being approved by the Treasurer and shall maintain at all times one such account to be used for the purposes of the Fund.
(3)All moneys received by the Committee shall be paid into the Fund.
(4)The moneys in the Fund shall be applied for and towards the cost of—
(a)the management improvement maintenance and control of the Reserve;
(b)the employment of officers servants and workmen to manage improve maintain and control the Reserve;
(c)carrying out any of the other powers functions and authorities conferred on the Committee by or under this Part; and
(d)for such other purposes as the Minister in any case approves.
(5)Subject to this Part, the Committee may invest moneys in the Fund in such manner as the Treasurer from time to time approves.
16.Committee may lease land
s. 16
(1)Subject to sub-sections (2) and (3) the Committee may, with the consent of the Governor in Council, grant leases of land in the Reserve for the purposes of a marina or for the purposes of providing facilities and services for recreation.
(2)Any lease granted under sub-section (1)—
(a)shall be for a specific term which shall not exceed—
(i)in the case of the marina, 50 years; and
(ii)in any other case, 21 years;
(b)shall provide that all buildings and structures and, in the case of the marina, all floating docks erected pursuant to the lease shall become the property of the Committee upon the expiration or sooner determination of the lease; and
(c)shall be subject to such covenants exceptions reservations and conditions as are determined by the Committee and approved by the Minister.
(3)The Committee shall give the Company the first option to obtain the grant of a lease under sub-section (1) for the purposes of a marina.
s. 16
(4)In addition to its powers under sub-section (1) the Committee may, with respect to land in the Reserve—
(a)grant licences to enter on and use any portion of that land or any buildings thereon for a period not exceeding three years;
(b)enter into agreements to operate services and facilities for a period not exceeding three years; and
(c)enter into tenancy agreements with persons to erect buildings and other structures and any such agreement—
(i)shall provide that all buildings and structures shall become the property of the Committee;
(ii)shall be for a specific term which shall not exceed three years;
(iii)shall be subject to termination at any time at the direction of the Minister; and
(iv)may provide that the Committee requires the tenant to undertake the removal of the building and the clearing of the site to the satisfaction of the Committee on the expiry or determination of the agreement.
(5)A licence or agreement entered into under sub-section (4) shall be subject to such terms and conditions as the Committee thinks fit.
(6)Any building or structure erected on the land pursuant to a lease or agreement of the type referred to in sub-section (1) or (4) shall be subject to any Act rule regulation or by-law relating to approval of plans and specifications.
(7)Any moneys received by the Committee pursuant to any lease licence or agreement under sub-section (1) or (4) shall be paid into the Fund.
(8)No person or body of persons shall be entitled to receive or shall receive from the Crown any money or consideration in respect of any improvement or any act matter or thing relating to any lease licence or agreement under sub-section (1) or (4).
17.Owners of land may erect jetties with consent of Committee
s. 17
The Committee may grant to the owner or occupier of any land in the Tourist Resort Area a licence to erect a jetty on or put down a mooring into the body of any waterway in the Reserve upon payment of such consideration and subject to such conditions and restrictions as the Committee thinks fit.
18.Borrowing powers of Committee
s. 18
(1)The Committee may with the approval of the Treasurer and subject to such terms, conditions and limits as the Treasurer imposes—
S. 18(1)(a) amended by No. 11/2001 s.3(Sch. item56.2).
(a)borrow moneys from any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth by way of overdraft; and
(b)obtain temporary financial accommodation secured or arranged in such manner and for such period as the Treasurer in each particular case approves.
(2)The Committee may borrow money from any institution person or body approved by the Treasurer on such terms and conditions as are approved by the Treasurer from time to time and give to any such institution person or body security for money so borrowed in such form as the Treasurer approves in each particular case.
(3)Where the Committee borrows moneys under the power conferred by sub-section (1) or (2), the Treasurer may execute in favour of any institution person or body lending money to the Committee a guarantee for the repayment thereof.
(4)A guarantee given by the Treasurer under sub-section (3)—
(a)shall, subject to this sub-section, be in such form and subject to such terms and conditions as the Treasurer thinks fit;
(b)may extend to any interest charges and other expenses chargeable by the institution person or body making the loan and the expenses of enforcing or obtaining or endeavouring to enforce or obtain repayment of the loan and those interest charges and expenses;
(c)shall be subject to the condition that the institution person or body making the loan shall obtain take and hold or retain and hold securities of such nature as the Treasurer may require for the repayment of the loan and the payment of interest charges and expenses;