Version No. 022
Melbourne Cricket Ground Act 1933
No. 4149 of 1933
Version incorporating amendments as at 7 September 2007
table of provisions
SectionPage
1
SectionPage
1Short title
2Definitions
3Revocations and cancellations of Crown grants of land described in Schedules
4Reservation and grant of land described in Fifth Schedule
5Grant of land described in Fifth Schedule to trustees
5ATrustees
5BMelbourne Cricket Ground Trust
6, 6ARepealed
6BGround vested in Trust
6CTerms and conditions of appointment of members of the Trust
6DResignation, removal and vacancies
6EValidity of decisions
6FPecuniary and other interests of members
6GMeetings
6HStaff
6IPower of Minister to give direction
6JDelegation
7Management
7ADelegation to Melbourne Cricket Club
7ABDelegation by Melbourne Cricket Club
7BLeases and licences
7CBorrowing powers
7DNew Southern Stand
7DANew Northern Stand
7EIndemnity by Treasurer
7FBusiness plan
7IAnnual Report
7JTendering for management contracts
7KMelbourne Cricket Club may be Ground Manager
7LMelbourne Cricket Club may receive fees and charges
8Occupancy of Melbourne Cricket Club
8ACommercial exploitation of name prohibited
8BSpecial provisions relating to the new Northern Stand
9Regulations
10Validation of past proceedings
11Certain grant of permission to occupy and use portion of lands described in the Second Schedule deemed to be valid etc.
11ANorthern Stand development—land added to Melbourne
Cricket Ground
11BFurther lands added to Melbourne Cricket Ground
11CRe-reservation of certain land for Yarra Park
11DStrata to be added to Melbourne Cricket Ground
11EStratum to be added to Melbourne Cricket Ground (Southern Stand)
12Transitional provision—Melbourne Cricket Ground (Amendment) Act 1998—rights of former Trustees to access
to the ground
13Transitional provision—Melbourne Cricket Ground (Amendment) Act 1998—effect of restructuring of Trust
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SCHEDULES
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6—Northern Stand Land
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ENDnotes
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 022
Melbourne Cricket Ground Act 1933
No. 4149 of 1933
Version incorporating amendments as at 7 September 2007
An Act relating to a Ground known as the Melbourne Cricket Ground.
1
Melbourne Cricket Ground Act 1933
No. 4149 of 1933
Preamble
GG 10.12.1861 p.2394.
Whereas by an Order in Council dated the ninth day of December One thousand eight hundred and sixty-one certain land described in the First Schedule to this Act and known as the Melbourne Cricket Ground was pursuant to the provisions of an Act of the Parliament of Victoria numbered CXVII permanently reserved as a metropolitan cricket ground:
And whereas by a Crown grant bearing the date the seventeenth day of June One thousand eight hundred and sixty-two and enrolled in the Office of the Registrar of the Supreme Court of the Colony of Victoria in the Register of Miscellaneous Grants number 2 folium 12, in order to promote the recreation and amusement of the people and in order to provide a site or place for playing at cricket within the city of Melbourne the said land was granted to the persons named therein upon trust inter alia that the said land and the buildings thereon be at all times maintained and used as and for a place for playing at cricket and for conveniences connected therewith under and in accordance with such regulations as to the admission of the public and otherwise as therein appears:
GG 13.6.1873 p.1059.
And whereas by an Order in Council dated the ninth day of June One thousand eight hundred and seventy-three the lands described in the Second Schedule to this Act were pursuant to the Land Act 1869 permanently reserved as a site for a public park:
And whereas by a Crown grant bearing date the thirteenth day of June One thousand eight hundred and seventy-three and entered in the register book of the Office of Titles volume 600 folium 119902 the said lands and the buildings for the time being thereon were granted to the Board of Lands and Works and the mayor aldermen councillors and citizens of the city of Melbourne upon trust to be at all times thereafter maintained and used as and for a public park and offices and conveniences connected therewith and for no other purpose whatsoever:
And whereas portion of the land described in paragraph A of the Third Schedule to this Act andthe land described in paragraph B of the said Third Schedule, as well as the land described in the said First Schedule, are enclosed by the existing walls and fences of the said ground and the remaining portion of the land described in the said paragraph A forms a paved entrance to the said ground:
Preamble
And whereas the lands described in the said Third Schedule form part of the lands described in the said Second Schedule:
And whereas by a deed executed by the Board of Land and Works on the second day of October One thousand nine hundred and twenty-nine and by the corporation of the mayor aldermen councillors and citizens of the city of Melbourne on the sixth day of November One thousand nine hundred and twenty-nine the said Board and the said corporation as trustees of the lands described in the said Second Schedule granted or purported to grant to the Melbourne Cricket Club permission to occupy and use in connexion with the Melbourne Cricket Ground a piece of land being part of the lands described in the said Second Schedule and shown on the plan annexed to the said deed:
And whereas it now appears as the result of recent surveys that the land described in paragraph A of the said Third Schedule and enclosed by the aforesaid walls and fences or forming part of the paved entrance aforesaid is not the same piece of land as the hereinbefore recited piece of land but is substantially identical therewith:
And whereas the said Melbourne Cricket Club was prior to the date of the hereinbefore recited Order in Council dated the ninth day of December One thousand eight hundred and sixty-one in occupation of the land described in the said First Schedule:
And whereas prior to the said date the said club had expended substantial sums upon the improvement of the land described in the said First Schedule and since the said date has from time to time expended further substantial sums upon the improvement of the lands described in the said First Schedule and the said Third Schedule and has borrowed large sums of money for such purpose:
Preamble
And whereas the accommodation provided for the public at the said ground is not adequate and in order to provide adequate accommodation for the public it is expedient that the land described in the Fourth Schedule to this Act be added to and included in the said ground:
And whereas it is expedient that the permanent reservation and the Crown grant of the land described in the said First Schedule be revoked and the permanent reservation and Crown grant of the lands described in the said Second Schedule so far as the same relate to so much of the said lands as is described in the said Third and Fourth Schedules be revoked and that the land described in the Fifth Schedule to this Act (which comprises the land described in the said First Third and Fourth Schedules) be permanently reserved as a site for the Melbourne Cricket Ground and granted to trustees as hereinafter provided:
And whereas certain doubts have arisen as to the proper construction of the trusts contained in the hereinbefore recited Crown grant bearing date the seventeenth day of June One thousand eight hundred and sixty-two and as to the validity of certain regulations relating to the said ground and of acts purporting to have been done in pursuance of the said trusts or done or suffered under such regulations:
And whereas it is expedient to resolve such doubts and to validate such regulations and acts and to make other provision as hereinafter enacted:
BE IT THEREFORE ENACTED by the King’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):
1Short title
s. 1
This Act may be cited as the Melbourne Cricket Ground Act 1933.
S. 2 substituted by No. 70/1989 s.4.
2Definitions
In this Act—
financial accommodation has the same meaning as in the Borrowing and Investment Powers Act 1987;
financial arrangement means an arrangement entered into for the purpose of managing, lessening, hedging or protecting against movements in interest or discount rates or other costs of obtaining financial accommodation;
S. 2 def. of Ground substituted by No. 21/2004 s.11.
Ground means the land for the time being reserved or deemed to be reserved under the Order in Council dated 20 February 1934 and referred to in Crown grant Volume 5925 Folio 1184828;
S. 2 def. of member inserted by No. 104/1998 s.4.
member includes the chairperson of the Trust;
Trustor trustees means the Melbourne Cricket Ground Trust established by this Act;
trusteemeans a member of the Trust.
3Revocations and cancellations of Crown grants of land described in Schedules
s. 3
(1)The hereinbefore recited Order in Council of the ninth day of December One thousand eight hundred and sixty-one relating to the land described in the First Schedule is hereby revoked.
(2)The hereinbefore recited Crown grant bearing date the seventeenth day of June One thousand eight hundred and sixty-two of the said land is hereby revoked made void and annulled and the said land is hereby re-vested in His Majesty freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and shall be deemed to be and may be dealt with as unalienated land of the Crown.
(3)The Registrar of Titles is hereby authorized and directed to cancel the said Crown grant of the land described in the First Schedule and the trustees of the said land are hereby required to produce the said grant to the Registrar of Titles for such purpose.
(4)So far only as relates to so much of the lands described in the Second Schedule as is described in the Third and Fourth Schedules—
(a)the hereinbefore recited Order in Council of the ninth day of June One thousand eight hundred and seventy-three is hereby revoked; and
(b)the hereinbefore recited Crown grant bearing date the thirteenth day of June One thousand eight hundred and seventy-three is hereby revoked made void and annulled.
(5)The lands described in the Third and Fourth Schedules are hereby re-vested in His Majesty freed and discharge from all encumbrances trusts limitations and restrictions whatsoever and shall be deemed to be and may be dealt with as unalienated land of the Crown.
(6)The Registrar of Titles is hereby authorized and directed to amend the said Crown grant of the lands described in the Second Schedule accordingly and the trustees of the said lands are hereby required to produce the duplicate of the said grant to the Registrar of Titles for such purpose.
4Reservation and grant of land described in Fifth Schedule
s. 4
The Governor in Council may in accordance with the Land Acts—
(a)permanently reserve the land described in the Fifth Schedule as a site for the Melbourne Cricket Ground; and
(b)grant the said land to trustees as hereinafter provided.
5Grant of land described in Fifth Schedule to trustees
(1)The land described in the Fifth Schedule together with all improvements thereon (hereinafter referred to as the ground) shall be granted to the persons hereinafter referred to upon trust for the public to be maintained and used as and for a place for playing at cricket and for conveniences connected therewith and when not required for cricket for such other purposes not inconsistent with the foregoing as the trustees think fit, and for no other purpose whatsoever.
(2)The ground shall be subject to no trust other than that expressly created by the last preceding subsection of this section.
(3)The persons to whom the said land shall be granted as trustees shall be the persons who immediately prior to the commencement of this Act were persons holding or acting in the office of trustees of the land described in the First Schedule, and the person for the time being holding the office of Secretary for Lands who shall be a trustee ex officio.
S. 5A
inserted by No. 9990 s.6, amended by No. 10242 s.4(a)(i)(ii)(b) (c)(i)–(iii), substituted by Nos 34/1995 s.25, 104/1998 s.5.
5ATrustees
s. 5
On and after the commencement of section 5 of the Melbourne Cricket Ground (Amendment) Act 1998, the trustees are to be as follows—
(a)a chairperson appointed by the Governor in Council;
S. 5A(b) amendedby No.20/2003 s.4.
(b)not less than 6 and not more than 8 persons appointed by the Governor in Council, being persons who have experience in sports, sports administration, business, financial or community affairs.
S. 5B
inserted by No. 70/1989 s.5.
5BMelbourne Cricket Ground Trust
(1)The trustees for the time being appointed or holding office under this Act shall be a body corporate known as the Melbourne Cricket Ground Trust.
(2)The Trust—
(a)shall have perpetual succession and a common seal; and
(b)may sue and be sued in its corporate name; and
(c)may acquire, hold and dispose of real or personal property; and
(d)may do or suffer any act or thing that bodies corporate may by law do or suffer.
S. 6
amended by Nos 6144 s.3(1)(2), 9990 s.7(a)–(c), 34/1995 s.26(a)(b), repealed by No. 104/1998 s.6.
*****
S. 6A
inserted by No. 9990
s.8, amendedby No. 10242 s.4(d), repealed by No. 104/1998 s.6.
*****
S. 6B
inserted by No. 70/1989 s.6.
6BGround vested in Trust
s. 5B
(1)On and after the commencement of section 6 of the Melbourne Cricket Ground Trust Act 1989, the Trust shall be deemed to be the grantee of the land for the time being reserved or deemed to be reserved under the Order in Council dated 20February 1934 and referred to in the Crown Grant entered in the Register Book of the Office of Titles in volume 5925, folium 1184828.
(2)The Registrar of Titles is authorised and directed to make such entries in the Register Book as are necessary to give effect to subsection (1).
S. 6C
inserted by No. 104/1998 s.7.
6CTerms and conditions of appointment of members of the Trust
(1)A member of the Trust holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.
(2)A member is eligible for re-appointment.
(3)A member is entitled to receive the fees, travelling and other allowances from time to time fixed by the Governor in Council in respect of that member.
(4)A member is subject to any other terms and conditions that are specified in the instrument of appointment.
S. 6D
inserted by No. 104/1998 s.7.
6DResignation, removal and vacancies
s. 6C
(1)A member of the Trust may resign the office of member by writing signed by the member and addressed to the Governor in Council.
(2)The Governor in Council may, at any time, remove a member of the Trust from office.
(3)If a member of the Trust resigns or is removed from office the Governor in Council, in accordance with this Act, may fill the vacant office.
S. 6E
inserted by No. 104/1998 s.7.
6EValidity of decisions
s. 6E
An act or decision of the Trust is not invalid merely because of—
(a)a defect or irregularity in, or in connection with, the appointment of a member; or
(b)a vacancy in the membership of the Trust, including a vacancy arising from the failure to appoint an original member.
S. 6F
inserted by No. 104/1998 s.7.
6FPecuniary and other interests of members
(1)A member who—
(a)has a direct or indirect pecuniary interest in; or
(b)has an interest which would conflict with the proper performance of the member's duties in relation to—
a matter being considered or about to be considered by the Trust must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest at the meeting.
(2)A person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of the meeting.
(3)After a declaration is made by a member—
(a)unless the Trust otherwise directs, the member must not be present during any deliberation with respect to the matter; and
(b)the member is not entitled to vote on the matter; and
(c)if the member does vote on the matter, the vote must be disallowed.
S. 6G
inserted by No. 104/1998 s.7.
6GMeetings
s. 6G
(1)The chairperson of the Trust must preside at a meeting of the Trust at which the chairperson is present.
(2)If the chairperson is absent from a meeting of the Trust, the members present at the meeting must elect one of those members to preside at the meeting.
(3)A majority of members of the Trust for the time being constitutes a quorum of the Trust.
(4)A question arising at a meeting of the Trust must be determined by a majority of votes of members present and voting on that question and, if the voting is equal, the person presiding has a casting vote as well as a deliberative vote.
(5)The Trust may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.
(6)Subject to this section, the Trust may regulate its own proceedings.
S. 6H
inserted by No. 104/1998 s.7.
6HStaff
(1)The Trust may appoint a natural personas the chief executive officer of the Trust.
(2)The chief executive officer holds office for the period, not exceeding 5 years, that is specified in the instrument of his or her appointment and subject to any terms and conditions that are specified in the instrument of appointment.
(3)Subject to any terms and conditions specified in the instrument of appointment, the chief executive officer is eligible for re-appointment.
(4)The Trust may engage any other employees that are necessary for the performance of its functions.
S. 6I
inserted by No. 104/1998 s.7.
6IPower of Minister to give direction
(1)The Minister, after consultation with the Treasurer, may give a written direction to the Trust on the performance, discharge or exercise by it of any of its functions, duties or powers under this Act.
(2)The Trust must comply with such a direction.
(3)The Trust must, in the manner and time specified by the Minister, give the Minister the information the Minister requires to enable the Minister to determine whether or not the Trust has complied with such a direction.
S. 6J
inserted by No. 104/1998 s.7.
6JDelegation
s. 6I
The Trust may, by instrument under its common seal, delegate to one or more members of the Trust, any function, power or duty of the Trust, other than this power of delegation.
7Management
S. 7(1) substituted by Nos 70/1989 s.7, 19/2003 s.30.
(1)The function of the Trust is—