Queensland Bills Explanatory Notes

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SOUTH BANK CORPORATION AMENDMENT BILL 1998

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                    Southbank Corporation Amendment



          SOUTHBANK CORPORATION
            AMENDMENT BILL 1998


                    EXPLANATORY NOTES

Title of the Bill
  Southbank Corporation Amendment Bill 1998


Policy Objectives of the Legislation
  The objectives of the legislation are to amend the South Bank
Corporation Act 1989 in order to provide the Corporation with certain
powers and responsibilities in relation to the Corporation Area, to amend
the plan of the Corporation Area and provide for some road closures and to
provide the Minister with the Power to recommend to the Governor in
Council the grant of Perpetual Leases in a defined area in the precinct.


Achieving the Policy Objectives of the Legislation
  The proposed legislation achieves these objectives by:
     ·    including a provision which enables the Minister administering
          the legislation to recommend to the Governor in Council that a
          perpetual lease may be granted over certain land in the
          Corporation Area;
     ·    by permitting certain road closures consistent with the Masterplan
          endorsed by Government;
     ·    by rationalising the land holdings currently administered by the
          Corporation and QPAC (the Queensland Performing Arts
          Centre) to ensure transparency in relation to the legal and
          administrative responsibilities of those entities;
     ·    by changing the land descriptions in the Corporation Area to
 
 
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                    Southbank Corporation Amendment


          ensure that the program of works consistent with the Masterplan
          can be legally undertaken.


Administrative Costs
  The administrative cost to Government are those costs associated with
  the administration of the Corporation (Board meetings, sitting fees etc).
  The Corporation has received a commitment from Government for the
  implementation of the Masterplan.


Fundamental Legislative Principles
  The Bill is consistent with fundamental legislative principles. Whilst it
  permits the Minister administering the Act to grant a perpetual lease, that
  lease may only be granted in a defined part of the Corporation Area and
  the lessee may not assign the lease without obtaining the consent of the
  Minister.
  Other rights granted in the legislation are for the benefit of the public (i.e.
  road closure or public amenities).


Consultation
  Consultation has occurred with:-
    ·     the Department of Premier and Cabinet;
    ·     Queensland Treasury;
    ·     the South Bank Corporation (including its solicitors and
          surveyors);
    ·     Crown Law;
    ·     the Office of Parliamentary Counsel; and
    ·     the Department of Natural Resources.




                       NOTES ON CLAUSES
 
 
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                    Southbank Corporation Amendment


  Clause 1 sets out the title of the proposed Act.
  Clause 2 sets out the Commencement date(s) of the proposed Act.
  Clause 3 advises that this is an Amendment Act (of the Southbank
Corporation Act 1989.
  Clause 4 Section 4 includes the meaning of QPAT (Queensland
Performing Arts Trust).
  Clause 5 Part 3 before Section 11 inserts Division 1 - Corporation Area.
  Clause 6 inserts a new Division 2 Road Closures, surrenders, vestings
and titling.
    Clause 7 amends s.13 of the Act and deals with road closures and
boundary changes and the issue of new titles to the Corporation for the
respective areas.
   Clause 8 amends s.15 of the Act and deals with duty payable on
instruments of transfer between QPAC and the Corporation.
   Clause 9 amends s.15A(5) and (6) of the Act closes certain roads and
creates new titles in the names of the Corporation and Queensland Rail .
  Clause 10 amends s.15B and creates certain stratum lots.
   Clause 11 amends s.15C and empowers the Registrar to register
instruments to give effect to s.15A.
  Clause 12 amends the expiry date of s.15I.
   Clause 13 amends s.23 to allow the Minister certain powers in relation to
land including the power to recommend to the Governor in Council a lease
be granted in perpetuity over certain lands in the Corporation Area.
   Clause 14 amends Schedule 7 to ensure that there is no "gap" in
registration of Titles when one form of title is surrendered to the Registrar
of Titles and another is issued.
  Clause 15 replaces Schedules 12 and 13 with new Schedules 12 and 13
and includes new Schedules 14 -16.
   Definition it should be noted that Perpetual Lease in this Bill is defined as
a Lease for 999 years.
 
 
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Southbank Corporation Amendment




      © The State of Queensland 1998

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