Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:

(a) to dissolve the Newcastle International Sports Centre Trust and the Newcastle
Showground and Exhibition Centre Trust (the former Trusts), and

(b) to repeal the Sporting Venues Management Act 2002 and to continue the
corporation sole constituted under that Act with the name “Minister
administering the Sporting Venues Management Act 2002” as the State
Sporting Venues Authority, and

(c) to establish a new Hunter Region Sporting Venues Authority and to transfer
the land held by the former Trusts to the new Hunter Region Sporting Venues
Authority, and

(d) to enable other regional sporting venues authorities to be established under the
proposed Act, and

(e) to enable the State Sporting Venues Authority to arrange for the management
and improvement of its land by a regional sporting venues authority.

The Bill also amends various Acts consequentially and repeals the following Acts:

(a) Newcastle Agricultural, Horticultural, and Industrial Association Act of 1905,

(b) Newcastle International Sports Centre Act 1967.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 defines certain words and expressions used in the proposed Act.

Part 2 State Sporting Venues Authority
Division 1 Constitution and administration of State Sporting
Venues Authority
Clause 4 provides for the constitution of the State Sporting Venues Authority as a
corporation.

Clause 5 states that the State Sporting Venues Authority is a NSW Government
agency.

Clause 6 provides for the Minister to manage the State Sporting Venues Authority.

Clause 7 enables the State Sporting Venues Authority to delegate its functions to
certain persons.

Clause 8 enables the State Sporting Venues Authority to establish advisory
committees.

Division 2 Functions of State Sporting Venues Authority
Clause 9 sets out the principal functions of the State Sporting Venues Authority,
which include establishing and managing sporting grounds, sporting facilities and
recreational facilities. The clause also enables the State Sporting Venues Authority
to enter into an arrangement with a regional sporting venues authority to manage any
land vested in the State Sporting Venues Authority and to perform any function that
the State Sporting Venues Authority has in relation to that land.

Clause 10 enables the State Sporting Venues Authority to exercise its functions
through subsidiaries, or in a partnership, joint venture or other association with other
persons or bodies.

Clause 11 enables the State Sporting Venues Authority to form or acquire interests
in certain private corporations.

Part 3 Regional sporting venues authorities
Division 1 Constitution and administration of regional
sporting venues authorities
Clause 12 constitutes as bodies corporate the regional sporting venues authorities
specified in proposed Schedule 1.

Clause 13 states that each regional sporting venues authority is a NSW Government
agency.

Clause 14 provides for each regional sporting venues authority to have a board of
management consisting of not more than 7 members appointed by the Governor on
the recommendation of the Minister.

Clause 15 provides that a board of management of a regional sporting venues
authority is subject to the direction and control of the Minister.

Clause 16 enables the Governor, by order published in the Gazette, to amend
proposed Schedule 1 or substitute a new Schedule for that Schedule.

Clause 17 enables the Governor, by order published in the Gazette, to dissolve,
amalgamate or change the name of any regional sporting venues authority.

Clause 18 ensures that proposed Schedule 3 has effect with respect to orders made
under the proposed Part. Proposed Schedule 3 contains provisions relating to the
transfer, dissolution, amalgamation and change of name of regional sporting venues
authorities.

Clause 19 enables a regional sporting venues authority to delegate its functions to
certain persons.

Clause 20 enables a regional sporting venues authority to establish advisory
committees.

Division 2 Functions of regional sporting venues authorities
Clause 21 sets out the principal functions of a regional sporting venues authority,
which include establishing and managing sporting grounds, sporting facilities and
recreational facilities. The clause also enables a regional sporting venues authority to
enter into an arrangement with the State Sporting Venues Authority to manage land
vested in the State Sporting Venues Authority and to perform any of the functions
that the State Sporting Venues Authority has in relation to that land.

Part 4 Provisions relating to vesting of and dealings
with land and other property
Division 1 Vesting of land in sporting venues authorities
Clause 22 contains definitions used in the proposed Division.

Clause 23 provides for the transfer to a sporting venues authority of the land
described in proposed Schedule 4. The land is transferred subject to any existing
trusts, interests, conditions and other restrictions. On transfer, the rights and
liabilities of the previous owner of the property become the rights and liabilities of
the sporting venues authority to which the land is transferred.

Clause 24 enables the Governor, by order published in the Gazette, to insert the
description of any land of a government agency in proposed Schedule 4 with the
consent of the agency. The effect of such an order is to transfer the land to the
relevant sporting venues authority.

Clause 25 sets out the effect of a transfer of land under the proposed Division,
including, for example, that it does not constitute a breach of contract.

Division 2 Dealings with land
Clause 26 enables the State Sporting Venues Authority to deal with land vested in it
and enables a regional sporting venues authority, with the consent of the Minister, to
deal with land vested in it.

Clause 27 enables a sporting venues authority to acquire property by gift, devise or
bequest.

Clause 28 controls the dealings a sporting venues authority may have with property
acquired by gift, devise or bequest.

Clause 29 enables the State Sporting Venues Authority to acquire land by agreement
or by compulsory process and enables a regional sporting venues authority to acquire
land by agreement.

Clause 30 provides that a sporting venues authority may manage, develop and deal
with land in accordance with the proposed Act despite the terms of any grant,
reservation or dedication to which the land is or was subject.

Part 5 Plans of management
Clause 31 requires a regional sporting venues authority to prepare a plan of
management for land vested in or managed by it.

Clause 32 sets out the procedures for the Minister to adopt a plan of management
and requires the Minister to make plans of management publicly available.

Clause 33 requires a regional sporting venues authority to review a plan of
management at the direction of the Minister.

Part 6 Miscellaneous
Clause 34 requires the Hunter Region Sporting Venues Authority to allow the
Newcastle Agricultural, Horticultural, and Industrial Association to use a specified
part of the Authority’s land for the Association’s annual show and provides for the
way in which the terms and conditions applying to that use are to be determined.

Clause 35 provides for the manner in which consent may be given by the Minister to
certain matters.

Clause 36 provides that State taxes are not payable in relation to the transfer and
vesting of property under the proposed Act and associated transactions.

Clause 37 provides for the appointment of rangers to perform functions under the
proposed Act.

Clause 38 enables the regulations to prescribe offences under the proposed Act for
which penalty notices may be issued.

Clause 39 provides for offences under the proposed Act or regulations to be dealt
with summarily by a Local Court.

Clause 40 enables the Governor to make regulations for the purposes of the
proposed Act and, in particular, for the care, control and management of land vested
in or managed by a sporting venues authority.

Clause 41 is a formal provision that gives effect to the savings, transitional and other
provisions set out in proposed Schedule 5.

Clause 42 is a formal provision that repeals certain Acts and gives effect to the
amendments to the Acts set out in proposed Schedule 6.

Clause 43 provides for the review of the proposed Act in 5 years.

Schedule 1 Regional sporting venues authorities
Schedule 1 specifies the regional sporting venues authorities. The proposed
Schedule currently refers only to the Hunter Region Sporting Venues Authority.

Schedule 2 Members and procedure of boards of
management
Schedule 2 contains provisions relating to the members and procedure of boards of
management of regional sporting venues authorities.

Schedule 3 Dissolutions, amalgamations and
changes of name of regional sporting
venues authorities
Schedule 3 contains provisions relating to the dissolution, amalgamation and change
of name of regional sporting venues authorities.

Schedule 4 Land to be vested in sporting venues
authorities
Schedule 4 will specify land transferred to a sporting venues authority by order
under clause 24 of the proposed Act. Currently, the proposed Schedule contains no
land descriptions.

Schedule 5 Savings, transitional and other
provisions
Schedule 5 contains savings, transitional and other provisions consequent on the
enactment of the proposed Act. The proposed Schedule includes provisions that:

(a) dissolve the Newcastle International Sports Centre Trust and the Newcastle
Showground and Exhibition Centre Trust, and

(b) transfer the assets, rights and liabilities of those Trusts to the Hunter Region
Sporting Venues Authority constituted under the proposed Act.

Schedule 6 Amendment of Acts
Schedule 6 amends the Acts specified in the proposed Schedule as a consequence of
the enactment of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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