Version No. 013 Cultural and Recreational Lands Act 1963 Act No. 7101/1963




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Version No. 013

Cultural and Recreational Lands Act 1963

Act No. 7101/1963

Version incorporating amendments as at 24 April 2002


table of provisions

Section Page



1. Short title 1

2. Definitions 1

2A. Orders declaring recreational lands 3

3. Compulsory acquisition of recreational lands 3

4. Rates 4

5. Charges for services provided to recreational lands 6

6. Question on operation or application of Act determined by Minister 6

═══════════════ 7



ENDNOTES 8

1.General Information 8

2.Table of Amendments 9

3.Explanatory Details 10


Version No. 013

Cultural and Recreational Lands Act 1963

Act No. 7101/1963

Version incorporating amendments as at 24 April 2002


An Act to amend the Law in relation to the Acquisition and Rating of Certain Lands used for Cultural Recreational Sporting and similar purposes.


BE IT 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):

1. Short title

This Act may be cited as the Cultural and Recreational Lands Act 1963.

2. Definitions



S. 2 def. of "municipality" repealed by No. 12/1989
s. 4(1) (Sch. 2 item 22.1).


* * * * *


S. 2 def. of "recreational lands" amended by Nos 12/1989
s 4(1)(Sch. 2 item 22.2), 3/1990 s. 4, 74/2000 s. 3(Sch. 1 item 33).


"recreational lands" means—

(a) lands which are—

(i) vested in or occupied by any body corporate or unincorporate which exists for the purpose of providing or promoting cultural or sporting recreational or similar facilities or objectives and which applies its profits in promoting its objects and prohibits the payment of any dividend or amount to its members; and

(ii) used for out-door sporting recreational or cultural purposes or similar out-door activities; or

(b) lands which are used primarily as agricultural showgrounds; or


s. 2

(c) the Melbourne Cricket Ground (which has the same meaning as "Ground" has in section 2 of the Melbourne Cricket Ground Act 1933); or

(d) the Flemington Racecourse (being the land leased to the chairman for the time being of the committee of the Victoria Racing Club for a term of 99 years from 19 August 1958 by a lease granted under The Victoria Racing Club Act 1956 and entered in the Register Book of the Office of Titles in volume 1205 folium 019); or

(e) the national tennis centre land within the meaning of section 4 of the Melbourne and Olympic Parks Act 1985; or

(f) lands (whether or not otherwise rateable) which are declared by Order of the Governor in Council under section 2A to be recreational lands—

but does not in the case of lands referred to in sub-paragraph (i) of paragraph (a) of this interpretation include lands which are not held for an estate in fee simple by any such body unless such lands are held under a lease or licence from the Crown or from a municipal council.


S. 2A
inserted by No. 3/1990
s. 5.


2A. Orders declaring recreational lands

s. 2A

(1) The Governor in Council may by Order published in the Government Gazette, declare lands specified in the Order which comply with paragraph (a)(i) of the definition of "recreational lands" in section 2 to be recreational lands.

(2) An Order under sub-section (1)—

(a) takes effect from the date on which it is made; and

(b) is not invalidated by a failure to publish it in the Government Gazette.

3. Compulsory acquisition of recreational lands

Notwithstanding anything in any Act or enactment the power conferred by or under any Act to compulsorily acquire land shall not extend to the compulsory acquisition of any recreational lands but nothing in this section shall operate to prevent the acquisition of such lands by agreement or the compulsory acquisition of recreational lands by or under any Act which authorizes the compulsory acquisition of specific recreational lands.

4. Rates


S. 4(1)
amended by Nos 12/1989
s. 4(1) (Sch. 2 items 22.3, 22.4), 3/1990
s. 6(1).


(1) Notwithstanding the provisions of any Act or enactment relating to the making and levying of rates by a municipal council in lieu of the rates that would otherwise be payable to a municipal council in respect of recreational lands there shall be paid to the municipal council as rates in each year such amount as the municipal council thinks reasonable having regard to the services provided by the municipal council in relation to such lands and having regard to the benefit to the community derived from such recreational lands.

S. 4(2)
amended by Nos 12/1989
s. 4(1) (Sch. 2 items 22.5, 22.6), 3/1990
s. 6(2).


(2) Any body which is aggrieved by the amount determined by a municipal council pursuant to sub-section (1) of this section may appeal to the Minister who must determine the amounts to be paid to the municipal council as rates and every such determination shall be final and shall be given effect to by the municipal council and by the body concerned.

S. 4(3)
amended by No. 12/1989
s. 4(1) (Sch. 2 items 22.7, 22.8).


(3) Subject to sub-section (4) of this section every such determination of the municipal council or of the Minister (as the case may be) shall operate until such time as a new valuation in respect of the municipal district or ward in which such recreational lands are situated is made and returned to the municipal council.

s. 4

S. 4(4)
amended by Nos 12/1989
s. 4(1) (Sch. 2 item 22.9), 11/2002 s. 3(Sch. 1 item 15).


(4) Where during the operation of any such determination the rates made and levied for any year by a municipal council in respect of a municipal district or ward in which any recreational lands are situated are at an amount in the dollar greater than the amount in the dollar of the rates made and levied in the first year in which that determination operated, the rates made and levied for that year shall be increased by such proportion as the amount in the dollar of the new rates bears to the amount in the dollar of the rates made and levied in such first year.

S. 4(5)
amended by No. 12/1989
s. 4(1) (Sch. 2 item 22.11).


(5) Where any lands which—



S. 4(5)(i)
amended by No. 12/1989
s. 4(1) (Sch. 2 item 22.10).


(i) are rateable under the Local Government Act 1989; and

(ii) are recreational lands—

cease to be recreational lands there shall be payable as rates to the municipal council an amount equal to the difference between the total of the amounts which were payable in respect of such lands for each of the ten years immediately preceding the land so ceasing to be recreational land and the total of the amounts of the rates that would have been payable in respect of such land in each of those years if this Act had not applied to such lands and such lands had been valued in each of those years on the basis that the value of such lands was its value immediately after such lands so ceased to be recreational lands.

5. Charges for services provided to recreational lands



s. 5

S. 5(1)
amended by No. 12/1989
s. 4(1) (Sch. 2 items 22.12, 22.13).


(1) Recreational lands shall not be rateable land for the purpose of any rate levied by or under any Act other than the Local Government Act 1989, but notwithstanding anything in any Act or enactment any body which but for this section might have made and levied a rate in respect of recreational lands shall be entitled to impose and collect a reasonable charge for any service provided or available to any recreational lands.

(2) The amount of any charge to be paid under the preceding sub-section shall be such amount as is determined by any by-law or regulation approved by the Governor in Council, or in the absence of such by-law or regulation, such amount as is agreed between the occupier of the lands and the body imposing the charge, or in default of such agreement such amount as is determined by the Minister.





S. 6
amended by No. 12/1989
s. 4(1) (Sch. 2 item 22.14).


6. Question on operation or application of Act determined by Minister

s. 6

Any question difference or dispute arising between any body corporate or unincorporate and any municipal council or any other rating authority with respect to the application or operation of this Act may be finally and conclusively determined by the Minister.

═══════════════

ENDNOTES


  1. General Information


Endnotes
The Cultural and Recreational Lands Act 1963 was assented to on 10 December 1963 and came into operation on 10 December 1963.

  1. Table of Amendments


Endnotes
This Version incorporates amendments made to the Cultural and Recreational Lands Act 1963 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:

9.5.89

Commencement Date:

S. 4(1)(Sch. 2 items 22.1–2.9, 22.11, 22.14) on 1.11.89: Government Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 items 22.10, 22.12, 22.13) on 1.10.92: Government Gazette 23.9.92 p. 2789

Current State:

This information relates only to the provisions amending the Cultural and Recreational Lands Act 1963

Cultural and Recreational Lands (Amendment) Act 1990, No. 3/1990

Assent Date:

3.4.90

Commencement Date:

S. 4(1) on 1.10.89: s. 2(2); rest of Act on 3.4.90: s. (1)

Current State:

All of Act in operation

Statute Law Revision Act 2000, No. 74/2000

Assent Date:

21.11.00

Commencement Date:

S. 3(Sch. 1 item 33) on 22.11.00: s. 2(1)

Current State:

This information relates only to the provisions amending the Cultural and Recreational Lands Act 1963

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:

23.4.02

Commencement Date:

S. 3(Sch. 1 item 15) on 24.4.02: s. 2(1)

Current State:

This information relates only to the provisions amending the Cultural and Recreational Lands Act 1963

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

  1. Explanatory Details


Endnotes
No entries at date of publication.







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