Port Bellarine Tourist Resort Act 1981

Version No. 013 Port Bellarine Tourist Resort Act 1981 No. 9555 of 1981 Version incorporating amendments as at 1 February 2008

TABLE OF PROVISIONS

Section Page

PART I—PRELIMINARY 2 1 Short title 2 2 Definition 2 3 Act to bind Crown 3

PART II—RATIFICATION OF AGREEMENT 4 4 Ratification of Agreement 4 4A New General Arrangement Plan 4 5 Section 569B(8A) of Local Government Act 1958 4 6 Reclamation area 4

PART III—PORT BELLARINE COMMITTEE OF MANAGEMENT 6 7 Definitions 6 8 Committee of Management 6 9 Functions of Committee 7 10 Membership 7 11 Vacancies 9 12 Meetings 10 13 Port Bellarine Public Reserve 11 14 Powers of committee 11 15 Port Bellarine Public Reserve Management Fund 11 16 Committee may lease land 12 17 Owners of land may erect jetties with consent of Committee 14 18 Borrowing powers of Committee 15 19 Estimates 16 20 Contribution by Shire of Bellarine 17 21 Repealed 18 22 Regulations 18

i ______

SCHEDULES 20 SCHEDULE 1—Agreement 20 PART I PRELIMINARY 21 PART II 23 DIVISION A—OBLIGATIONS OF THE COMPANY 23 DIVISION B—OBLIGATIONS OF THE STATE 25 DIVISION C—GENERAL 26 SCHEDULE 2—Repealed 29 ═══════════════

ENDNOTES 30 1. General Information 30 2. Table of Amendments 31 3. Explanatory Details 32

ii Version No. 013 Port Bellarine Tourist Resort Act 1981 No. 9555 of 1981

Version incorporating amendments as at 1 February 2008

An Act to ratify validate approve and otherwise give effect to an Agreement between the Premier for and on behalf of the State of Victoria and Grawin Proprietary Limited with respect to the Development of Land near Portarlington in the State of Victoria for the purpose of the Establishment of a Tourist Resort, to provide for the Rezoning of the Land in the Tourist Resort Area, to establish a Committee of Management of Crown Lands in the Tourist Resort Area and for other purposes.

Preamble WHEREAS Grawin Pty. Limited a company incorporated in the State of Victoria is desirous of establishing a tourist resort on certain lands near Portarlington: And whereas an Agreement to facilitate the establishment of the said tourist resort has been entered into between the Premier of the State of Victoria and the Company: And whereas pursuant to the said Agreement it is proposed to make provision for the establishment of a Committee of Management of Crown Lands in the Tourist Resort Area: And whereas pursuant to the said Agreement it is proposed to make provision for the rezoning of the land in the Tourist Resort Area: And whereas the said Agreement is expressed to be subject to ratification by the Parliament of Victoria:

1 s. 1

And whereas it is expedient in the public interest to ratify validate approve and give the effect of law to the said Agreement and to make other provision as hereinafter enacted:

BE IT THEREFORE 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):

PART I—PRELIMINARY

1 Short title (1) This Act may be cited as the Port Bellarine Tourist Resort Act 1981. (2) The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette. (3) This Act is divided into Parts as follows— Part I—Preliminary ss 1–3 Part II—Ratification of Agreement ss 4–6 Part III—Port Bellarine Committee of Management ss 7–22. 2 Definition (1) In this Act unless inconsistent with the context or subject-matter— the Agreement means the Agreement a copy of which is set out in the First Schedule. (2) Expressions used in this Act and which are also used in the Agreement shall have the meanings respectively assigned to them in the Agreement.

2 s. 3

3 Act to bind Crown This Act shall bind the Crown. ______

3 s. 4

PART II—RATIFICATION OF AGREEMENT

4 Ratification of Agreement (1) The Agreement is hereby ratified validated and approved and given the force of law and shall take effect as though its provisions had been expressly enacted in this Act. (2) The Premier and all other Ministers of the State of Victoria and all public statutory corporations and all officers concerned are hereby empowered to carry out the Agreement and to enter into such agreements and to give such approvals as are provided for by it. 4A New General Arrangement Plan S. 4A The Agreement shall have effect as if, in the inserted by No. 10141 s. 4. interpretation of "General Arrangement Plan" in clause 1(1) of the Agreement, for the expression "sketch plan numbered 017/1" there were substituted the expression "sketch plan numbered 017/2". 5 Section 569B(8A) of Local Government Act 1958 Notwithstanding anything in any other Act, the provisions of subsection (8A) of section 569B of the Local Government Act 1958 shall not apply with respect to any plan of subdivision or cluster subdivision lodged with the council of a municipality by the Company in relation to land in the Tourist Resort Area. 6 Reclamation area (1) Notwithstanding anything in any other Act, the land in the Reclamation Area shall be deemed to form part of the municipal district of the Shire of

4 Port Bellarine Tourist Resort Act 1981 No. 9555 of 1981 Part I—Preliminary s. 6

Bellarine and of the Geelong region for planning purposes until the day on which the reclaimed lands in the Reclamation Area are surrendered to the Crown pursuant to the Agreement. * * * * * S. 6(2) repealed by No. 10141 s. 5(a)

(3) In this section Geelong region has the same meaning as it has in the Geelong Regional Commission Act 1977. ______

PART III—PORT BELLARINE COMMITTEE OF MANAGEMENT

7 Definitions In this Part unless inconsistent with the context or subject-matter— Committee means the Port Bellarine Committee of Management established under this Part; financial year means the year ending on the 30th day of September; Fund means the Port Bellarine Public Reserve Management Fund; land includes submerged land and any waters thereon; marina means an area where facilities are provided for the launching, landing, berthing, storing, repairing and provisioning of boats, the parking of motor vehicles and trailers, the fuelling and servicing of boats and motor vehicles and the recreation comfort and convenience of persons who own or use boats or motor vehicles and of members of the public; regulations means regulations under this Part; Reserve means the Port Bellarine Public Reserve; Treasurer means the Treasurer of Victoria. 8 Committee of Management (1) For the purposes of this Act there shall be established a Port Bellarine Committee of Management. (2) The Committee shall be a body corporate by the name of the "Port Bellarine Committee of Management" with perpetual succession and a

common seal and be capable in law of holding, acquiring and disposing of personal property and of suing and being sued in its corporate name. (3) The common seal of the Committee shall be kept in such custody as the Committee directs and shall not be used except as authorized by the Committee. (4) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Committee affixed to any document and until the contrary is proved shall presume that it was duly affixed. 9 Functions of Committee The functions of the Committee are— (a) to manage improve maintain and control the land in the Port Bellarine Public Reserve; (b) to maintain the approach channel to the Reserve; (c) to grant leases and licences and enter into agreements for the use of land in the Reserve as provided under this Part; and (d) to exercise any powers and carry out any duties conferred or imposed on it by or under this Part. 10 Membership (1) Subject to subsection (2), the Committee shall consist of seven members appointed by the Governor in Council of whom— (a) one shall be an employee in the Department S. 10(1)(a) amended by of Natural Resources and Environment No. 46/1998 nominated for the time being by the s. 7(Sch. 1). Minister; (b) one shall be nominated by the Port Phillip Authority;

(c) one shall be nominated by the Geelong Harbor Trust Commissioners; S. 10(1)(d) (d) two shall be nominated by the Minister from amended by No. 9902 a panel of not less than five names submitted s. 2(1)(Sch. by the Council of the Shire of Bellarine; item 209).

(e) one shall be nominated by the Minister from a panel of not less than three names submitted by the Company; and (f) one shall be nominated by the Geelong Regional Commission. (2) Notwithstanding subsection (1), on the date that the Minister specifies to be the date of completion of the Port Bellarine Tourist Resort Project, the member appointed pursuant to paragraph (e) of subsection (1) shall cease to hold office and shall be replaced by two members appointed by the Governor in Council of whom— (a) one shall be nominated by the Minister to represent persons conducting commercial enterprises within the Tourist Resort Area; and (b) one shall be nominated by the Minister to represent the owners of residential land in the Tourist Resort Area. (3) The Governor in Council shall appoint one of the members of the Committee to be chairman. (4) If for any cause either of the bodies authorized under subsection (1) to submit a panel of names fails to submit a sufficient panel of names within 30 days after being requested to do so by the Minister, the Governor in Council may appoint a person to be a member without any such nomination.

(5) Subject to this Act, a member of the Committee shall hold office for such period not exceeding three years as is specified in the instrument of his appointment but shall be eligible for re- appointment. (6) The Governor in Council may at any time remove a member of the Committee from office. (7) A member of the Committee may resign his office by writing signed by him and delivered to the Governor in Council. (8) In the case of the illness or absence of a member or in the case of a vacancy in the office of a member the Governor in Council may, subject to this section, appoint some suitable person to act as the deputy of that member during that illness or absence or until that vacancy is filled (as the case may be) and the deputy may exercise the powers and perform the duties of that member accordingly. 11 Vacancies If any member of the Committee— (a) is absent without permission of the Committee from four consecutive meetings of the Committee; (b) becomes bankrupt or his property becomes in any manner subject to control under the law relating to bankruptcy; (c) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; (d) becomes incapable of performing the duties of his office;

(e) is removed from office or resigns his office; or (f) dies— his office as a member of the Committee shall become vacant. 12 Meetings (1) The chairman shall preside at a meeting of the Committee at which he is present and if he is not present at a meeting the members present shall elect one of their number to preside at the meeting. (2) Four members of the Committee shall constitute a quorum. (3) Subject to the presence of a quorum the Committee may act notwithstanding any vacancy in its membership. (4) A question arising at a meeting of the Committee shall be determined by a majority of the votes of the members of the Committee present and voting and in the event of an equality of votes the person presiding shall have an additional or casting vote. (5) An act or decision of the Committee shall not be invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member of the Committee or, in the case of a person appointed to act as a member, on the ground that the occasion for his so acting had not arisen or had ceased. (6) Subject to this Act the Committee may regulate its own proceedings.

13 Port Bellarine Public Reserve (1) All lands in the Tourist Resort Area which are surrendered to the Crown from time to time pursuant to the Agreement shall from the date of surrender be deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purpose of providing areas for public recreation and facilities and services for tourists. (2) All Crown lands in the Tourist Resort Area (other than lands referred to in subsection (1)) may be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purpose of providing areas for public recreation and facilities and services for tourists. (3) The lands which are permanently reserved as provided by this section shall be known as the Port Bellarine Public Reserve. 14 Powers of committee The Committee shall for the purposes of the management improvement maintenance and control of the lands in the Port Bellarine Public Reserve be deemed to have the same powers functions and duties as a committee of management under paragraphs (a) to (d) (both inclusive) and (i) of section 15(1) of the Crown Land (Reserves) Act 1978. 15 Port Bellarine Public Reserve Management Fund (1) For the purposes of this Part there shall be a Fund to be known as the Port Bellarine Public Reserve Management Fund. (2) The Committee shall open and maintain accounts S. 15(2) amended by with any authorised deposit-taking institution No. 11/2001 within the meaning of the Banking Act 1959 of s. 3(Sch. item 56.1). the Commonwealth for the time being approved

by the Treasurer and shall maintain at all times one such account to be used for the purposes of the Fund. (3) All moneys received by the Committee shall be paid into the Fund. (4) The moneys in the Fund shall be applied for and towards the cost of— (a) the management improvement maintenance and control of the Reserve; (b) the employment of officers servants and workmen to manage improve maintain and control the Reserve; (c) carrying out any of the other powers functions and authorities conferred on the Committee by or under this Part; and (d) for such other purposes as the Minister in any case approves. (5) Subject to this Part, the Committee may invest moneys in the Fund in such manner as the Treasurer from time to time approves. 16 Committee may lease land (1) Subject to subsections (2) and (3) the Committee may, with the consent of the Governor in Council, grant leases of land in the Reserve for the purposes of a marina or for the purposes of providing facilities and services for recreation. (2) Any lease granted under subsection (1)— (a) shall be for a specific term which shall not exceed— (i) in the case of the marina, 50 years; and (ii) in any other case, 21 years;

(b) shall provide that all buildings and structures and, in the case of the marina, all floating docks erected pursuant to the lease shall become the property of the Committee upon the expiration or sooner determination of the lease; and (c) shall be subject to such covenants exceptions reservations and conditions as are determined by the Committee and approved by the Minister. (3) The Committee shall give the Company the first option to obtain the grant of a lease under subsection (1) for the purposes of a marina. (4) In addition to its powers under subsection (1) the Committee may, with respect to land in the Reserve— (a) grant licences to enter on and use any portion of that land or any buildings thereon for a period not exceeding three years; (b) enter into agreements to operate services and facilities for a period not exceeding three years; and (c) enter into tenancy agreements with persons to erect buildings and other structures and any such agreement— (i) shall provide that all buildings and structures shall become the property of the Committee; (ii) shall be for a specific term which shall not exceed three years; (iii) shall be subject to termination at any time at the direction of the Minister; and

(iv) may provide that the Committee requires the tenant to undertake the removal of the building and the clearing of the site to the satisfaction of the Committee on the expiry or determination of the agreement. (5) A licence or agreement entered into under subsection (4) shall be subject to such terms and conditions as the Committee thinks fit. (6) Any building or structure erected on the land pursuant to a lease or agreement of the type referred to in subsection (1) or (4) shall be subject to any Act rule regulation or by-law relating to approval of plans and specifications. (7) Any moneys received by the Committee pursuant to any lease licence or agreement under subsection (1) or (4) shall be paid into the Fund. (8) No person or body of persons shall be entitled to receive or shall receive from the Crown any money or consideration in respect of any improvement or any act matter or thing relating to any lease licence or agreement under subsection (1) or (4). 17 Owners of land may erect jetties with consent of Committee The Committee may grant to the owner or occupier of any land in the Tourist Resort Area a licence to erect a jetty on or put down a mooring into the body of any waterway in the Reserve upon payment of such consideration and subject to such conditions and restrictions as the Committee thinks fit.

18 Borrowing powers of Committee (1) The Committee may with the approval of the Treasurer and subject to such terms, conditions and limits as the Treasurer imposes— (a) borrow moneys from any authorised deposit- S. 18(1)(a) amended by taking institution within the meaning of the No. 11/2001 Banking Act 1959 of the Commonwealth by s. 3(Sch. item 56.2). way of overdraft; and (b) obtain temporary financial accommodation secured or arranged in such manner and for such period as the Treasurer in each particular case approves. (2) The Committee may borrow money from any institution person or body approved by the Treasurer on such terms and conditions as are approved by the Treasurer from time to time and give to any such institution person or body security for money so borrowed in such form as the Treasurer approves in each particular case. (3) Where the Committee borrows moneys under the power conferred by subsection (1) or (2), the Treasurer may execute in favour of any institution person or body lending money to the Committee a guarantee for the repayment thereof. (4) A guarantee given by the Treasurer under subsection (3)— (a) shall, subject to this subsection, be in such form and subject to such terms and conditions as the Treasurer thinks fit; (b) may extend to any interest charges and other expenses chargeable by the institution person or body making the loan and the expenses of enforcing or obtaining or endeavouring to

enforce or obtain repayment of the loan and those interest charges and expenses; (c) shall be subject to the condition that the institution person or body making the loan shall obtain take and hold or retain and hold securities of such nature as the Treasurer may require for the repayment of the loan and the payment of interest charges and expenses; (d) shall be subject to the condition that the institution person or body making the loan shall not without the prior consent in writing of the Treasurer assign or encumber the benefit of the guarantee; and (e) shall not be enforceable against the Treasurer unless the institution person or body making the loan has, to the Treasurer's satisfaction, exercised its or his rights and remedies under all securities held by or for it or him in respect of the loan and any interest charges and expenses. (5) Any moneys required by the Treasurer in fulfilling any guarantee given under this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any moneys received or recovered by the Treasurer in respect of any moneys so paid by the Treasurer shall be paid into the Consolidated Fund. (6) The Committee shall pay all moneys borrowed under the powers conferred by subsection (1) and (2) into the Fund. 19 Estimates (1) For the purposes of this section and section 20—

rateable property and net annual value of rateable property have the same meaning as they have in the Local Government Act 1958. (2) The Committee shall cause to be prepared by the 30th day of June in each year an estimate of the moneys required for the following financial year for the purposes in respect of which the Committee is empowered or required to spend money showing— (a) the several amounts required for such purposes; (b) the several amounts available for such purposes; (c) the proposed sources of revenue including the amount to be raised by precept; and (d) the total net annual value of all rateable property in the Tourist Resort Area— and shall forthwith submit that estimate to the Minister for approval. 20 Contribution by Shire of Bellarine (1) The Shire of Bellarine shall be liable to pay such moneys to the Committee in each financial year as the Minister may determine on the basis of estimates submitted under section 19. (2) The Committee shall not be entitled to make or levy any rate but shall not later than the 30th day of September in each year issue its precept to the Shire of Bellarine requiring the payment of the amount determined under subsection (1). (3) The Shire of Bellarine may without in any way limiting or derogating from the provisions of any other Act make and levy a rate as if for its own purposes upon all rateable property within the Tourist Resort Area to raise the amount required

under the precept plus not more than 5 per cent of that amount to be retained by the Shire to cover the cost of collecting the moneys. (4) The provisions of the Local Government Act 1958 with respect to the making levying and recovery of rates shall with such modifications as are necessary extend and apply with respect to any rate made by the Shire of Bellarine under this section and the Shire is hereby authorized to pay out of the municipal fund the amount payable by it in respect of any precept and any interest thereon. (5) Where any amount due in respect of any precept or any part of that amount is not paid on or before the date or dates specified by the Minister as being the date or dates on which that amount or any part thereof is payable, the Shire of Bellarine shall pay interest on the amount outstanding at a rate fixed by the Minister in relation to that precept which shall not exceed the rate of yield to maturity of the long-term loan of the last loan raising by the Commonwealth Government in Australia for public subscription prior to the date of the precept. (6) The Committee shall be deemed to be a "rating authority" under the provisions of the Valuation of Land Act 1960 for any purpose connected with the requirements of this section and section 19. (7) The Committee shall pay all moneys it receives under this section into the Fund. S. 21 * * * * * repealed by No. 31/1994 s. 4(Sch. 2 item 64).

22 Regulations (1) The Governor in Council may on the recommendation of the Minister make regulations for or with respect to any of the matters referred to

in subparagraphs (ii) to (x) (both inclusive) of section 13(1) of the Crown Land (Reserves) Act 1978 as if any reference in those subparagraphs to the land were a reference to the Port Bellarine Public Reserve. (2) The provisions of subsections (2), (5), (6), (7), (8) and (9) of section 13 of the Crown Land (Reserves) Act 1978 shall apply to any regulations under subsection (1) as if any reference in those subsections— (a) to the Minister, were a reference to the Governor in Council; and (b) to the land, were a reference to the Port Bellarine Public Reserve. ______

19 Port Bellarine Tourist Resort Act 1981 No. 9555 of 1981 Part I—Preliminary Sch. 1

SCHEDULES

FIRST SCHEDULE

AGREEMENT

This Agreement is made the Twenty-fourth day of April 1981 between the Honourable Rupert James Hamer in his capacity as Premier for the time being of the State of Victoria for and on behalf of the said State of the one part and Grawin Pty. Limited a company incorporated in the State the registered office of which is situated at 31 Queen's Road, Melbourne in the State of the other part— Whereas— I. The Company is desirous of establishing a tourist resort on land near Portarlington in the State. II. The Parties acknowledge that this Agreement is predicated on the basis of the development by stages of the Tourist Resort and on the basis that the Company will prepare detailed plans and specifications of each stage and submit them to the Minister of Lands to obtain his approval before development of the stage begins. III. The State for the purpose of encouraging tourism and recreational facilities desires to assist the Company in establishing the Tourist Resort. IV. Before the Company incurs the expenses involved in the establishment of the Tourist Resort it requires certain rights and powers incidental to the establishment and carrying on of the Tourist Resort being assured to it. V. In order to effect the establishment and carrying on of the Tourist Resort the parties hereto are desirous of entering into the Agreement following so that upon its ratification validation and approval by the Parliament of the State the Agreement will have full force and effect of law and will become binding on the State and the Company in the manner hereinafter appearing. VI. The Parties to the Agreement acknowledge that the lands generally described on the General Arrangement Plan are to be used for the purposes set out in the Agreement.

Now it is hereby agreed as follows:

PART I PRELIMINARY

1. Definitions (1) In this Agreement unless inconsistent with the context or subject-matter— "The Act" means the Act of the Parliament of Victoria to be passed to ratify validate approve give the force of law and otherwise give effect to this Agreement. "Approach channel" means the approach channel to be dredged by the Company from Point Richards Bank to the entrance to the public reserve pursuant to this Agreement. "Commencement date" means the date on which this Agreement comes into operation being the day on which the Agreement is executed by the parties hereto. "Committee of Management" means the Port Bellarine Committee of Management established under the Act. "Company" means Grawin Pty. Limited its successors and permitted assigns. "Completion date" means, in respect of each stage of the Project, the date the Minister specifies as the date of completion of that stage. "Geelong Harbor Trust Commissioners" means the Commissioners appointed or established pursuant to the Geelong Harbor Trust Act 1958 (as amended) and includes their successors in title. "General Arrangement Plan" means the sketch plan Sch. 1 cl. 1(1) numbered 017/1 and entitled Port Bellarine General def. of "General Arrangement Plan lodged at the Central Plan Office Arrangement of the Department of Natural Resources and Plan" Environment. amended by No. 46/1998 s. 7(Sch. 1).

"Project" means the project for the development of the Tourist Resort Area.

"Public reserve" means the area of land and waterways shown generally on the General Arrangement Plan as being public reserve. "Reclamation Area" means the area described in the Annexure to this Agreement. "The State" means the State of Victoria. "Tourist Resort" means the Port Bellarine Tourist Resort proposed to be developed pursuant to this Agreement. "Tourist Resort Area" means the area of land generally described on the General Arrangement Plan to be developed pursuant to the Act and this Agreement for the purposes of the Tourist Resort. "Waterway" means any lake or canal in the Tourist Resort Area. (2) Where in this Agreement the context requires or admits the plural number includes the singular and vice versa. (3) The headings and side notes shall not affect the interpretation of the Agreement. 2. Agreement to be ratified by Act of Parliament Divisions A and B of Part II of this Agreement shall be of no force or effect neither shall either party have any claim against the other in respect of any matter arising out of or in connexion with these Divisions of Part II until— (a) the Agreement has been ratified validated approved and given the force of law by an Act of Parliament of Victoria; and (b) clause 3 is complied with in full. 3. Agreement subject to conditions precedent (1) Notwithstanding that this Agreement comes into operation on the commencement date, Divisions A and B of Part II of this Agreement shall not come into operation until the first day of the month following the date upon which the later of the following events occurs: (a) The coming into operation of Parts I and II of the Act referred to in clause 2 hereof; (b) The Geelong Harbor Trust Commissioners have consented to the dredging of an approach channel from the edge of the Point Richards Bank to the

public reserve and the reclamation of land in the Reclamation Area. (2) A certificate of the responsible Minister as to the date upon which the events referred to in sub-clause (1) have occurred shall be conclusive and binding upon the parties. (3) Where either of the events mentioned in sub-clause (1) does not occur prior to 31 December 1982 then either party may determine this Agreement at any time thereafter before the other such event has occurred by giving to the other notice in writing to that effect and thereupon this Agreement shall be at an end and neither party shall have any claim against the other in respect of any matter arising out of or in connexion herewith.

PART II DIVISION A—OBLIGATIONS OF THE COMPANY

4. (1) Subject to the performance by the State from time to time of the obligations imposed on it by this Agreement— (a) the Company shall develop the Tourist Resort by a Project in stages so that— (i) the first stage shall be commenced without undue delay after the commencement date; and (ii) the whole development of the Tourist Resort shall be completed by 1 January 1995; (b) as soon as practicable after the commencement date, the Company shall submit to the Minister a statement detailing the area to be developed in the first stage and shall, before each successive stage of development is commenced, submit to the Minister a statement detailing the area to be developed in that stage; (c) the Company shall develop the Tourist Resort in accordance with the Agreement and the Act and in accordance with any permit granted by and agreement entered into with any responsible authority under the Town and Country Planning Act 1961 or any other Act for land in the Tourist Resort Area and subject to this Agreement any requirements of any other public authority or council of a municipality concerned; (d) the Company shall, as part of the first stage of the Project—

(i) excavate the area to form a marina basin and the waterways shown on the General Arrangement Plan as being part of the first stage; (ii) dredge an approach channel from the edge of the Point Richards Bank to the entrance to the public reserve (as shown generally on the General Arrangement Plan); (iii) reclaim land in the Reclamation Area (as shown generally on the General Arrangement Plan); and (iv) provide and build breakwaters and retaining walls for the waterways and marina basin and provide a beach for the foreshore so formed; (e) the Company shall landscape the reclaimed lands upon completion of reclamation works; (f) the Company shall complete in stages the excavation of the remaining waterways shown on the General Arrangement Plan and shall provide and build retaining walls for those waterways; (g) the Company shall maintain the reclaimed lands, approach channel, waterways, breakwaters and retaining walls and other works constructed or carried out in the public reserve pursuant to this Agreement, for a period of three years following the completion date of the stage in which the works were constructed or carried out or for such lesser period as is agreed upon between the Committee of Management and the Company; (h) on the completion date of each stage of development of the Project, the Company shall surrender to the Crown all the lands (including waterways breakwaters and retaining walls) belonging to the Company which are shown on the General Arrangement Plan and specified in the statement submitted pursuant to paragraph (b) of this sub-clause for that stage as being part of the public reserve; (i) throughout the period of development of the Project, the Company shall be responsible for and shall rectify any siltation of the marina basin and approach channel and waterways in any stage of the Project which, in the opinion of the Minister, is due to the construction of later stages of the Project;

(j) the Company shall be responsible for the construction of all roads in the Tourist Resort Area; (k) the Company shall carry out all works and undertakings under this Agreement at its own cost and in a manner approved by the Minister and in accordance with plans and specifications approved by him; and (l) subject to sub-clauses (2) and (3) of this clause the Company shall from time to time at the request of the Minister of Lands deposit with the Minister— (i) an undertaking to pay such an amount as is determined at that time by the Minister; and (ii) a guarantee for that amount by the State Bank or any bank referred to in section 5(1) of the Act of the Commonwealth known as the Banking Act 1959 (as amended from time to time) which carries on business in Victoria— to secure the carrying out of restoration or completion works in the event that the Project is not completed. (2) If it appears to the Minister of Lands that the amount of an undertaking deposited with him pursuant to paragraph (l) of sub-clause (1) of this clause is in excess of the amount required to secure the carrying out of restoration or completion works under this Agreement, he may reduce the amount of the undertaking required. (3) If the Minister of Lands incurs any expenses for or in relation to— (a) the restoration of lands in the Tourist Resort Area; or (b) the completion of the Project— he may apply the amount of the undertaking given to him under the Agreement to defraying those expenses.

DIVISION B—OBLIGATIONS OF THE STATE

5. (1) The State shall— (a) by virtue of the Act set up a Committee of Management to administer the Crown lands in the Tourist Resort Area;

(b) by virtue of the Act provide for the rezoning of land in the Tourist Resort Area to permit the development of the Tourist Resort;

(c) facilitate through the Geelong Harbor Trust Commissioners the construction by the Company of an approach channel at such place as is agreed between the Company and the Geelong Harbor Trust Commissioners; (d) ensure that the Geelong Harbor Trust Commissioners will give their approval to the maintenance dredging of the approach channel by the Company pursuant to the Agreement and by the Committee of Management pursuant to the Act; (e) endeavour to ensure the grant by all relevant authorities in favour of the Company of all necessary licences and permits to enable the Company to develop the Tourist Resort proposed in this Agreement; (f) upon the surrender of lands to the Crown by the Company on the completion date of the first stage of the Project pursuant to clause 4(1)(h) of this Agreement and upon application by the Company pursuant to the Land Act 1958 (as amended), cause the road shown on the General Arrangement Plan as a Government road and the subject of the application to be closed and all rights thereon to be extinguished; (g) ensure that the Geelong Harbor Trust Commissioners will, upon the expiration of the maintenance period for the first stage of the Project, surrender to the Crown all land vested in them which has been reclaimed pursuant to this Agreement.

DIVISION C—GENERAL

6. Force majeure (1) This Agreement is made subject to any delay in the performance of any obligation or obligations under this Agreement which may be occasioned by or arise from any circumstances whatsoever beyond the power and control of the party responsible for the performance of such obligation, including but without limiting the generality of the foregoing delay caused by or arising from act of God, act of

war force majeure, act of public enemies, industrial disputes, lock-outs, (except of the Company's own employees), restraint of labour or other similar acts, whether partial or general, shortage of essential materials from the usual source of supply, reasonable failure to secure or delays of contractors, riots and civil commotion and a failure by either party to perform its obligations for any such reason shall not be deemed a breach of this Agreement and such obligation shall be performed within a reasonable period following the cessation of the circumstances which so delay it. (2) The Premier and Company may from time to time enter into agreement or arrangements for better giving effect to the provisions of this Agreement. (3) If the Company— (a) enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction); or (b) delays the commencement of construction of the Tourist Resort beyond the period of two years from the commencement date for any cause other than those specified in sub-clause (1) of this clause; or (c) abandons or repudiates this Agreement— the State may by notice in writing determine this Agreement but such determination shall not effect the enforcement of any right obligation or liability theretofore acquired accrued or incurred. (4) Without affecting the liability of the parties to each other under this Agreement either party shall have the right from time to time to entrust to other persons the performance of such portion or portions of its obligations and operations authorized under this Agreement as it may consider expedient. (5) Except as provided under this clause the Company shall not assign or otherwise deal with this Agreement or any part of this Agreement— (a) the Company may assign the whole or any part of this Agreement to any associated company or to a corporation which within the meaning of sub-section (5) of section 6 of the Companies Act 1961 (as amended) is deemed to be related to the Company; (b) the Company may assign this Agreement or any part of this Agreement otherwise than is provided in

paragraph (a) with the consent in writing of the Premier which consent shall not be unreasonably withheld and subject to such reasonable conditions as the Premier thinks fit. (6) If there shall be any difference or dispute between the parties thereto in respect of any matter arising out of or in connexion with this Agreement either party may give notice to the other of the difference or dispute and if the difference or dispute is not settled within one month after service of the notice— (a) that matter shall be referred to two arbitrators, one to be appointed by the Company and one by the Premier, such appointments to be made within two months after service of the notice; and (b) the provisions of the Arbitration Act 1958 (as amended) (in particular the provisions allowing arbitrators to appoint an umpire) shall apply to the reference as if it were a reference by consent under that Act. (7) Any notice consent or other writing authorized or required by this Agreement to be given or sent shall be deemed to have been duly given or sent by the State if signed by the Premier or other Minister of the Crown acting on his behalf and forwarded by prepaid post to the Company and by the Company if signed by a director or the secretary of the Company in the State, and forwarded by prepaid post to the Premier and any such notice consent or writing shall be deemed to have been duly given or sent on the day on which it would be delivered in the ordinary course of the post. (8) Notwithstanding any provision hereof the State may at the request of the Company from time to time extend any period or date referred to in this Agreement for such period or until such later date as the State and the Company agree and the extended period or later date when confirmed in writing shall be deemed for all purposes hereof substituted for the period or date so referred to herein. 7. Sanction to develop Tourist Resort The State hereby acknowledges that the Company is to develop the Tourist Resort under the sanction given by this Agreement and accordingly the State will use its best endeavours to ensure the rights of the Company under this Agreement are protected for the duration of the Agreement. 8. Interpretation of Agreement

This Agreement shall be governed by and interpreted according to the laws applying in the State of Victoria.

IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinbefore written: SIGNED SEALED AND DELIVERED  by the said RUPERT JAMES HAMER in the  R. J. HAMER presence of: J. B. JACK  THE COMMON SEAL OF GRAWIN PTY.  GRAHAME SHAW, LIMITED was hereunto affixed, in the  Director presence of:  F. KAYE, Secretary (L.S.)

ANNEXURE

Reclamation Area Parish of Bellarine, commencing at a point where the prolongation of the east side of Spray Farm Road intersects the High Water Mark, thence by a bearing of 18° 30' for a distance of 1513 metres, thence on a bearing of 80° 00' to the High Water Mark thence westerly along the High Water Mark to the point of commencement. —————————

* * * * * Sch. 2 repealed by No. 10141 s. 5(b).

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29 Port Bellarine Tourist Resort Act 1981 No. 9555 of 1981 Part I—Preliminary Endnotes

ENDNOTES

1. General Information The Port Bellarine Tourist Resort Act 1981 was assented to on 19 May 1981 and came into operation (except section 6(2)) on 16 February 1983: Government Gazette 16 February 1983 page 363; section 6(2) never proclaimed, repealed by No. 10141/1984.

2. Table of Amendments This Version incorporates amendments made to the Port Bellarine Tourist Resort Act 1981 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: S. 2(1)(Sch. 1 item 209) on 15.6.83: s. 1(2) Current State: This information relates only to the provision/s amending the Port Bellarine Tourist Resort Act 1981 Port Bellarine Tourist Resort (Amendment) Act 1984, No. 10141/1984 Assent Date: 13.11.84 Commencement Date: 10.7.85: Government Gazette 10.7.85 p. 2644 Current State: All of Act in operation Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 4(Sch. 2 item 64) on 1.1.95: Government Gazette 28.7.94 p. 2055 Current State: This information relates only to the provision/s amending the Port Bellarine Tourist Resort Act 1981 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7 (Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Port Bellarine Tourist Resort Act 1981 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 56) on 1.6.01: s. 2(2) Current State: This information relates only to the provision/s amending the Port Bellarine Tourist Resort Act 1981 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3. Explanatory Details No entries at date of publication.