RACING VENUES DEVELOPMENT ACT 1982 Reprinted as in force on 1 July 2010 Reprint No. 2B > TABLE OF PROVISIONS Contents 1. Short title 3. Definitions 4. Appointment of trustees 5. Official name of trustees 6. Vacation of office 7. Disqualification from office 8. Removal from office 10. Register 11. Employees 12. Trustees deemed to be owners for purpose of legal proceedings 13. Trustees may sue and be sued 14. Rules 15. Superannuation schemes 16. Financial administration 17. Declaration that trustees are statutory body 18. No power of sale 19. Easements affecting land granted in trust 20. Power to lease 21. Provisions applicable to leases 22. Minister's approval to be endorsed on lease 23. Dealing with leases 24. Power to execute and register documents 25. Cancellation of leases by Minister 26. Revocation of appointment of trustees 28. Occupation or use contrary to trust 29. Mortgage of land 30. Signature by majority of trustees sufficient 31. Application of moneys received 32. Land leased from trustees to be rateable land 35. Regulation-making power Endnotes - LONG TITLE An Act to provide for racing venues to be placed under the control of trustees and for other purposes 1 Short title This Act may be cited as the Racing Venues Development Act 1982. 3 Definitions In this Act-- greyhound course means a place for the holding of lawful greyhound meetings. meeting means a race meeting, trotting meeting or greyhound meeting. paceway means a place for the holding of lawful trotting meetings. racecourse means a place for the holding of lawful race meetings. racing venue means a racecourse, paceway or greyhound course in Queensland at which a meeting may lawfully be held. register means the register of trustees kept under this Act. trustees means trustees appointed under this Act. 4 Appointment of trustees (1) This section applies to land held by the State. (2) This section is subject to another Act providing for the purpose for which land may be used. (3) The Governor in Council may appoint trustees to control land for establishing, extending or developing the land as a racing venue and for any other purpose decided by the Governor in Council. (4) The Governor in Council may change the number of trustees appointed by increasing or decreasing the number, and may make additional appointments. (5) The Governor in Council also may appoint a trustee as chairperson. 5 Official name of trustees Trustees shall be known by the official name of 'Trustees of (stating the style or title of the trustees or otherwise sufficiently identifying the trust)' without individually naming the trustees. 6 Vacation of office The office of a trustee shall become vacant if the trustee-- (a) dies; or (b) declines to act or to act further as a trustee; or (c) resigns by signed notice addressed to the Minister (such resignation to be complete and take effect from the time it is received by the Minister); or (d) is absent without prior leave granted by the other trustees from 4 consecutive meetings of the trustees of which due notice has been given to the trustee personally or in the ordinary course of post; or (e) is removed from office as a trustee by the Governor in Council. 7 Disqualification from office A person-- (a) who is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy or insolvent debtors; or (b) who has been convicted of an indictable offence; shall not be capable of being or continuing to be a trustee. 8 Removal from office The Governor in Council may at any time remove a trustee from office as trustee. 10 Register (1) The chief executive shall cause to be kept a register of trustees of all land for the time being placed under the control of trustees and the official name of those trustees. (3) Upon appointment under this Act of a new trustee there shall be inserted in the register the name of the new trustee and the reason for the trustee's appointment, the date of such appointment and the date of insertion of the trustee's name in the register and the person making any such entry shall sign the person's name in the register. (4) The register shall at all reasonable times be open to inspection at the office of the department at Brisbane by any person on payment of the prescribed fee. (5) The register may be amended at any time by rectifying any error or supplying any omission therein or therefrom, and the person making the rectification shall initial the amendment and insert the date thereof, but shall not render illegible the part so rectified. (6) In any legal proceedings and on all occasions whatever-- (a) a book purporting to be the register shall on production thereof by a person authorised in writing by the chief executive for the purpose be evidence and in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; and (b) every part of the register, and an extract of any part of the register purporting to be certified as correct by a person appointed in writing by the chief executive for the purpose shall, upon its production be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. 11 Employees (1) Trustees may appoint and employ a secretary and such other employees as they think necessary for obtaining their objects. (2) Persons appointed pursuant to this section shall, subject to any applicable award of any industrial court, commission, tribunal or authority, be employed on such terms and conditions as the trustees think fit. 12 Trustees deemed to be owners for purpose of legal proceedings For the purpose of any action or proceeding trustees are hereby deemed to be the owners of any property under their control as trustees. 13 Trustees may sue and be sued Trustees by their official name may-- (a) sue or be sued; and (b) take action for removal of trespassers, protection of property under their control or for injury to or misuse of such property. 14 Rules (1) Trustees may make rules under this Act about the following-- (a) regulating their meetings and the conduct and management of the offices and business of the trust; (b) protecting the land and property of any description under their control from trespass, injury or misuse; (c) regulating the use and enjoyment of the land and property of any description under their control and imposing reasonable fees or charges therefor; (d) imposing penalties of not more than 10 penalty units for any breach of a rule; (e) generally for carrying out the objects and purposes of this Act. (1A) Without limiting the generality of subsection (1)(e), the rules may provide that the land or any part thereof to be specified with reasonable certainty shall be a public place within the meaning and for the purposes of any Act conferring or imposing upon police officers powers or duties with respect to public places or providing for the punishment of offences committed in public places and upon the commencement of those rules such land or part thereof shall be a public place accordingly. (2) A rule made by trustees must be signed by them. (3) A rule must be approved by the Governor in Council, and is subordinate legislation. 15 Superannuation schemes The trustees may-- (a) establish or amend superannuation schemes; or (b) join in establishing or amending superannuation schemes; or (c) take part in superannuation schemes. 16 Financial administration Trustees by their official name are a statutory body within the meaning of the Financial Accountability Act 2009 and the provisions of that Act apply accordingly. 17 Declaration that trustees are statutory body (1) The trustees, by their official name, are a statutory body for the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the trustees' powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982, including, for example, section 29 of this Act. 18 No power of sale Notwithstanding anything contained in any Act, trustees shall not have power to sell or transfer any land under their control. 19 Easements affecting land granted in trust With the prior approval in writing of the Minister easements affecting land placed under the control of trustees under this Act may be created by agreement to which the trustees of the land are parties whether as grantors or grantees. 20 Power to lease (1) Trustees shall not lease or agree to lease the whole or any part of land under their control or part of any building thereon without first obtaining the written approval of the Minister. (2) Application for such approval shall be made to the Minister, shall be signed by the trustees and shall contain the following particulars-- (a) the grounds on which the trustees consider it necessary or desirable that the whole or part of the land or the part of the building should be leased; (b) the terms of the proposed lease and the conditions thereof; (c) the rent to be reserved; (d) the purposes for which the rent is to be applied. (3) The application shall be accompanied by a draft of the proposed lease. (4) The Minister may refuse to approve the application or, if the Minister is satisfied that the proposed lease is-- (a) not detrimental to the public interest; and (b) not inconsistent with the purpose for which the land was placed under the control of trustees under this Act; and (c) not for any excessive term and complies with the requirements of section 21; the Minister may approve the application in whole or in part, and in either case subject to such conditions, reservations and modifications as the Minister thinks fit. 21 Provisions applicable to leases The following provisions shall apply to every lease granted by trustees-- (a) the term shall not exceed 75 years; (b) the lease shall not contain any covenant or agreement for renewal of lease or for purchase of the leased land, and the rent to be reserved shall be the highest annual rent that can reasonably be obtained; (c) the lease shall contain a covenant that the trustees may terminate the lease upon the failure of the lessee to observe or perform any covenant or condition of the lease that is expressed to be binding upon the lessee. 22 Minister's approval to be endorsed on lease (1) Where a lease granted by trustees has been duly executed in accordance with the terms and conditions approved by the Minister, the original and all other executed copies of the lease shall be forwarded to the Minister for endorsement thereon of the Minister's approval of the lease. (1A) One copy of the lease shall be retained by the Minister. (2) A lease to which this section applies that is not endorsed with the Minister's approval shall have no validity or effect in law and shall not be capable of registration under the Land Title Act 1994. 23 Dealing with leases (1) A lessee shall not transfer, mortgage or sublet a lease granted under this Act unless the lessee has first obtained the written approval of the Minister and the trustees of the land in question. (1A) If the lessee contravenes subsection (1) the lease may be terminated by the Minister pursuant to section 25. (2) A transfer, mortgage or sublease of a lease of land, or any part of land by trustees shall not without the Minister's approval endorsed on the instrument of transfer, mortgage or sublease, be capable of registration under the Land Title Act 1994. 24 Power to execute and register documents (1) Notwithstanding that land placed under the control of trustees under this Act remains registered in the name of the State, trustees are hereby empowered to execute any mortgage, lease or other dealing in connection with the land which they are empowered by this Act so to do. (2) Any such mortgage, lease or dealing shall be given effect to as if it were executed for and on behalf of the State and the registrar of titles is hereby authorised to register such mortgage, lease or dealing. 25 Cancellation of leases by Minister (1) Notwithstanding the provisions of a lease granted under this Act, the Minister may, upon being satisfied that the lessee has failed to observe or perform any covenant or condition of the lease that is expressed to be binding upon the lessee, or that it is desirable in the public interest so to do, by notice in writing, cancel the lease. (2) Upon cancellation under this section of a lease the lessee shall forthwith vacate the land and any improvements effected by the lessee upon the land pursuant to the lessee's lease shall, unless the Minister in writing permits their removal, become the property of the trustees. (3) If the lessee fails forthwith to vacate the land the lessee shall be deemed to be a person in unlawful possession of the land. (4) Upon receipt of a notice that the Minister has cancelled a lease granted by trustees, the registrar of titles shall make all necessary endorsements, entries and take all necessary actions to give effect to that notice without the production of the original and copies of the lease. 26 Revocation of appointment of trustees (1) The Governor in Council may at any time revoke the appointment of trustees to control land. (2) On the revocation of the appointment-- (a) the trustees cease to hold office as trustees; and (b) any lease granted by the trustees ends. (3) On the ending of a lease, the lessee must immediately leave the land. (4) The improvements constructed on the land by the lessee, become the property of the State unless the Minister permits their removal. 28 Occupation or use contrary to trust Trustees shall not-- (a) permit any person to occupy or use the whole or part of land under their control for any purpose that is contrary to or inconsistent with the trustees' trust; or (b) without the prior consent in writing of the Minister permit any person to occupy the whole or part of land under their control for a longer period than 1 month, whether continuously or intermittently, save when the use or occupation is authorised by a lease duly granted under this Act. 29 Mortgage of land (1) In order to raise funds for effecting permanent improvements on land placed under the control of trustees under this Act, or for adding to or maintaining permanent improvements already effected on such land or for such other purposes as are specified under section 4(3) the Governor in Council may authorise the trustees, either generally or in a particular case, to mortgage the land on the conditions decided by the Governor in Council. (2) If trustees default in payment of moneys secured by, or otherwise fail in the observance of any of the covenants expressed in the bill of mortgage, the mortgagee shall give to the Minister 1 months notice in writing before exercising any right or remedy had under the mortgage. (3) Notwithstanding any provision of the Property Law Act 1974 or anything contained in the bill of mortgage, the mortgagee shall not sell the land in question until payment is made to the State of the amount of the unimproved value of the land, as at the date of the notice by the mortgagee. (4) The amount of the unimproved value referred to in subsection (3) shall be the amount as agreed upon between the Minister and the mortgagee or, failing such agreement, as determined by the Land Court. (5) The Minister may consent in writing to the sale if the mortgagee gives the State security, or an undertaking, for the money owing to the State. (5A) The security or undertaking under subsection (5) must be satisfactory to the Minister. (6) For the purposes of subsection (3), the unimproved value of the land shall be the amount which, in the opinion of the Minister or the Land Court, as the case may be, experienced persons would be willing to pay for the fee simple of the land, assuming it were unimproved, freed and discharged from the trusts, and were offered for sale on such reasonable terms and conditions as a bona fide seller would require. (7) Upon compliance by the mortgagee with the provisions of this section the mortgagee shall be entitled if default continues to sell the land freed and discharged from any encumbrances, provided that in the first instance the land is offered for sale by public auction. (8) If land is sold under this section, the mortgagee must-- (a) give to the Minister a declaration setting out-- (i) the gross amount received from the sale; and (ii) the amount of the debt under the mortgage on the date of the sale; and (iii) details of the expenses of the sale; and (iv) the amount calculated by deducting from the gross amount received from the sale-- (A) any amount paid to the State under subsection (3); and (B) the amount mentioned in paragraph (a)(ii); and (C) the expenses of the sale; and (b) pay to the State-- (i) any amount mentioned in paragraph (a)(iv); or (ii) if the mortgagee has given the State security or an undertaking under subsection (5)--the amount by which the value of the security or undertaking exceeds the amount mentioned in paragraph (a)(iv). (9) Upon sale by the mortgagee of land pursuant to this section, the trustees of the land shall cease to hold office as trustees and the Minister may appoint some person to realise any property or assets on the land not subject to the bill of mortgage under which sale of the land was effected. (10) All money received by the person appointed under subsection (9) must be paid to the State. 30 Signature by majority of trustees sufficient Any mortgage, lease or other dealing of or in any land under the control of trustees shall, if signed by a majority of the trustees for the time being named in the register as being the trustees of the land, be as effectual as if such mortgage, lease or other dealing had been duly signed by all the trustees of the land. 31 Application of moneys received (1) Trustees shall apply solely for the purposes of this Act, all moneys received by way of rent or otherwise in relation to land under their control. (2) If at the end of any financial year trustees have in their accounts moneys that are surplus to their requirements they shall pay those surplus moneys to the State. 32 Land leased from trustees to be rateable land Notwithstanding any other Act to the contrary, all land leased by trustees to any person or body shall during the term of the lease be deemed rateable land within the meaning of the Local Government Act 2009 or, as the case may be, City of Brisbane Act 2010 and the lessee of the land shall be liable to pay any amount of rates levied by a local government during that term. 35 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made prescribing a penalty of not more than 8 penalty units for an offence against a regulation. - NOTES Page Date to which amendments incorporated 15 Key 16 Table of reprints 16 Tables in earlier reprints 17 List of legislation 17 List of annotations 18 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2010. Future amendments of the Racing Venues Development Act 1982 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1995 Act No. 58 28 November 1995 12 December 1995 1A 1996 Act No. 54 1 June 1997 6 June 1997 1B 1998 Act No. 18 1 June 1997 4 August 1998 1C rv 1998 Act No. 18 1 July 1999 5 November 1999 1D rv 2000 Act No. 16 28 February 2002 28 February 2002 Reprint No. Amendments included Effective Notes 1E 2005 Act No. 38 1 September 2005 R1E withdrawn, see R2 2 -- 1 September 2005 2A 2009 Act No. 9 1 July 2009 2B 2009 Act No. 17 2010 Act No. 1 July 2010 23 Name of table Reprint No. Changed citations and remade laws 1 Changed names and titles 1 Corrected minor errors 1, 2 Obsolete and redundant provisions 1 Renumbered provisions 1 >