An Act to provide for the Townsville Breakwater Entertainment Centre, and related purposes
This Act may be cited as the Townsville Breakwater Entertainment Centre Act 1991.
The objects of this Act are—(a)to authorise the Council of the City of Thuringowa and the Council of the City of Townsville to participate in a joint venture with ANZ Executors & Trustee Company Limited as trustee of the Breakwater Island Trust for design, development, construction, commissioning, operation and ownership of a convention, exhibition, sports and entertainment centre (the Townsville Breakwater Entertainment Centre) for holding conventions, exhibitions, sports and entertainments; and(b)to declare the purposes of the joint venture to be functions of local government of the Local Governments; and(c)to provide for contribution by the Crown and the Local Governments to the purposes of the joint venture; and(d)to provide in relation to the site for the Townsville Breakwater Entertainment Centre; and(e)to limit the liability of the Local Governments in relation to the joint venture; and(f)to make appropriate provision for audit in relation to the Townsville Breakwater Entertainment Centre; and(g)to authorise the Council of the City of Thuringowa and the Council of the City of Townsville to vary the joint venture with the trustee to enable the upgrading of the Townsville Breakwater Entertainment Centre.s 2 amd 1997 No. 19 s 3
In this Act—area...s 3 def area om 1993 No. 70s 804 sch
authorised auditor means an authorised auditor within the meaning of the Auditor-General Act 2009.s 3 def authorised auditor amd 2009 No. 9s 136sch 1
joint venture means the association of the joint venturers in the design, development, construction, commissioning, operation and ownership of the Townsville Breakwater Entertainment Centre.Joint Venturers means the Local Governments and the Trustee, and includes any successor in title to any of them in relation to the site.Local Governments means the Council of the City of Thuringowa and the Council of the City of Townsville.Manager means Breakwater Island Limited, a company registered under the Corporations Act.s 3 def Manager amd 2001 No. 45s 29sch 3
site means the site of the Townsville Breakwater Entertainment Centre as prescribed by section 15.Townsville Breakwater Entertainment Centre means the convention, exhibition, sports and entertainment centre to be constructed on the site and includes the centre as upgraded from time to time.s 3 def Townsville Breakwater Entertainment Centre amd 1997 No. 19s 4
Trustee means ANZ Executors & Trustee Company Limited as trustee of the Breakwater Island Trust, and includes any successors in title to it as trustee of the Breakwater Island Trust.
4Powers conferred on Local Governments
(1)Each of the Local Governments may make and perform agreements with respect to—(a)the design, development, construction, commissioning, operation and ownership of the site and buildings for holding conventions, exhibitions, sports and entertainments; and(ab)any upgrading of the buildings on the site; and(b)all matters associated with the design, development, construction, commissioning, operation, ownership or upgrading.(2)The Local Governments may apply amounts for the purposes of agreements made under this section.(3)The Council of the City of Thuringowa may exercise a power under this section for an object to be attained outside its area.s 4 amd 1997 No. 19s 5
5Specific agreements within s 4 power
Agreements that may be made under section 4 include—(a)agreements—(i)to participate in forming, or to hold shares in, proprietary companies within the meaning of the Corporations Act for the purposes of the joint venture; or(ii)to be a limited partner in a limited partnership for the purposes of the joint venture; or(iii)to dispose of shares in any such company or an interest in any such partnership; and(b)the agreements set out in Schedule 1.s 5 amd 2001 No. 45s 29sch 3
Agreements made by any of the Joint Venturers for the purposes of the joint venture in terms set out in schedule 1, part 1, 2, 3 or 4 have the force of law and may be enforced as if the terms of the agreements were enactments of this Act.s 6 amd 1997 No. 19s 6
7Objects of agreements functions of local government
The objects of agreements that may be made under section 4 by either of the Local Governments are functions of local government of the Local Governments.
8Tenders not required for s 4 agreements
Despite the provisions of any other Act (including the Local Government Act 2009), the Local Governments are not required to give notice of intention to invite tenders or to give opportunity for the making of quotations in relation to agreements to be made under section 4.s 8 amd 1993 No. 70s 804 sch; 2009 No. 17s 331sch 1
(1)The Treasurer may contribute to the purposes of the joint venture, out of amounts appropriated by Parliament, an amount of not more than $7 million.(2)The Treasurer may contribute to the purposes of the joint venture, out of amounts appropriated by Parliament, a further amount of not more than $11.5 million for the upgrading of the Townsville Breakwater Entertainment Centre.s 9 amd 1997 No. 19s 7
10Contribution by Thuringowa Council
(1)In performance of agreements made between all of the Joint Venturers, the Council of the City of Thuringowa may contribute to the purposes of the joint venture an amount of $2 million and any other amounts referred to in the agreements made by the Joint Venturers in terms set out in Schedule 1.(2)A person is not entitled to have recourse, in satisfaction of any liability of the Council in relation to the design, development, construction, commissioning, operation or ownership of the Townsville Breakwater Entertainment Centre, to any assets of the Council other than its interest in the Townsville Breakwater Entertainment Centre.
11Contribution by Townsville Council
(1)In performance of agreements made between all of the Joint Venturers, the Council of the City of Townsville may contribute to the purposes of the joint venture an amount of $5 million and any other amounts referred to the agreements made by the Joint Venturers in terms set out in Schedule 1.(2)A person is not entitled to have recourse, in satisfaction of any liability of the Council in relation to the design, development, construction, commissioning, operation or ownership of the Townsville Breakwater Entertainment Centre, to any assets of the Council other than its interest in the Townsville Breakwater Entertainment Centre.
(1)As soon as practicable after the commencement of this Act, the Trustee is to surrender to the Crown, and the Crown is to accept surrender of—(a)the estate in fee simple held by the Trustee in the land described as Lots 641 and 643 Parish of Coonambelah and shown on the plan in Schedule 2; and(b)the leasehold interest held by the Trustee in that part shown on the plan in Schedule 2 of the land currently leased by the Trustee under Special Lease 44/47072.(2)Despite the provisions of the Land Act 1962, the Trustee is not required to give notice of intention to surrender under subsection (1).(3)The Crown incurs no liability because of surrenders under subsection (1).
On the surrenders under section 12 taking effect, the area shown hatched on the plan in Schedule 2 as road and marked ‘A’ is, by this section, permanently closed to public use.
(1)On the surrenders under section 12 taking effect, the amalgamated area of the lands affected by the surrenders, and the area of road permanently closed to public use by section 13, is to be granted in fee simple to the Joint Venturers as tenants in common in shares as follows—(a)Council of the City of Thuringowa—39/200;(b)Council of the City of Townsville—98/200;(c)ANZ Executors & Trustee Company Limited—63/200.(2)Despite the Land Act 1962, the grant under subsection (1) may be made under that Act in priority to all other persons.
14AAdjustment of interests as tenants in common
(1)This section applies if, after the commencement of this section, a joint venturer makes a further contribution under the agreement set out in schedule 1, part 1 as varied by the agreement set out in schedule 1, part 4.(2)The respective interests of the joint venturers in the site must be adjusted under the agreement as varied.s 14A ins 1997 No. 19s 8
The site of the Townsville Breakwater Entertainment Centre is the land granted to the Joint Venturers under section 14.
Despite the Local Government (Planning and Environment) Act 1990 or the planning scheme of the City of Townsville, the site is in the Special Facilities (Convention, Exhibition, Sports, Entertainment and Ancillary Facilities) Zone under that planning scheme.
Until the grant under section 14 takes effect, all agents and contractors of the Joint Venturers, or of any of them, and all agents or sub-contractors of such contractors are, by force of this section, entitled to enter on all parts of the lands affected by the surrenders under section 12, and on the area closed by section 13 as road, for the purposes of the joint venture.
18Funds, books of account and records
(1)The funds, books of account and records kept by the Trustee or the Manager in relation to the Townsville Breakwater Entertainment Centre must be kept separately from all other funds, books of account and records.(2)As soon as practicable after the close of each financial year of the Townsville Breakwater Entertainment Centre, the Auditor-General, or an authorised auditor, must audit the accounts kept by the Trustee or the Manager in relation to the Centre.
If at any time it appears to the Auditor-General that an operational audit should be conducted in relation to any matter associated with the management of the Townsville Breakwater Entertainment Centre, the Auditor-General, or an authorised auditor, may conduct such an audit.
sections 5 and 7
sch 1 amd 1997 No. 19 s 9
sections 12 and 13
