Theatre Royal Precinct Redevelopment Act 2016 (Tas)

Theatre Royal Precinct Redevelopment Act 2016 An Act to facilitate the further development and operation of the Theatre Royal and to facilitate, for the furtherance by the University of Tasmania of the performing arts and creative industries, certain development adjacent to the Theatre Royal, to amend the Theatre Royal Management Act 1986 , and for related purposes [Royal Assent 10 June 2016] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Theatre Royal Precinct Redevelopment Act 2016 . 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. 3. Interpretation In this Act, unless the contrary intention appears – acquired council land means the land referred to in section 16(1) ; airspace title means a title, in relation to airspace, created in accordance with section 25 ; binding agreement means – (a) an agreement, transaction, arrangement, undertaking, deed, lease, sub-lease, licence, tenancy arrangement, trust, mortgage, warranty or contract; and (b) part of an agreement, transaction, arrangement, undertaking, deed, lease, sub-lease, licence, tenancy arrangement, trust, mortgage, warranty or contract; and (c) any oral agreement, between the Board and the Minister (or the originating Minister or the Crown), that relates to the Theatre Royal; Board has the same meaning as it has in the Theatre Royal Management Act 1986 ; body corporate means the body corporate, within the meaning of the Strata Titles Act 1998 , in relation to the registered strata plan; by-laws means the by-laws that apply, under the Strata Titles Act 1998 , in relation to the registered strata plan and includes any by-law included, by virtue of section 32(1) , in such by-laws; commencement day means the day on which this Act commences; common property means the common property, within the meaning of the Strata Titles Act 1998 , in respect of the registered strata plan; Development Agreement means the Development Agreement referred to in section 5 , as the Development Agreement is varied, if at all, by a supplementary agreement; Development limitation – (a) means a limitation created or imposed by or under the Development Agreement or a supplementary agreement; and (b) includes a relevant pre-existing limitation; Development right – (a) means a right created or conferred by or under the Development Agreement or a supplementary agreement; and (b) includes a relevant pre-existing right; Director-General of Lands means the person appointed as Director-General of Lands under section 7 of the Crown Lands Act 1976 ; front-of-house common property means the common property – (a) to which the registered strata plan relates; and (b) that is within the area shown, on the registered strata plan, as the front-of-house common property; highway includes part of a highway; limitation, in relation to land – (a) means any trust, reservation, restriction, exception, encumbrance, limitation, estate, or interest, in or in relation to the land, however created or imposed, including by virtue of a sealed plan; and (b) includes any highway, right of way, footpath or road reserve; lot means a lot, within the meaning of the Strata Titles Act 1998 , shown on the registered strata plan; Minister means the Minister administering the Crown Lands Act 1976 ; originating Minister means the Minister who was, immediately before the commencement day, responsible for the administration of the Crown Lands Act 1976 ; owner, in relation to a lot, has the same meaning as it has in the Strata Titles Act 1998 ; pre-development adjoining Crown land means the land referred to in section 13(1) ; preliminary strata plan means the plandesignated in the Development Agreement as the preliminary strata plan, as the plan is, before or after the commencement day, varied, if at all, by a supplementary agreement; preserved limitation means any limitation – (a) that is a Development limitation; or (b) to which an order under section 23(1) relates; preserved right means any right – (a) that is a Development right; or (b) to which an order under section 23(2) relates; project site means the area of land comprised of – (a) the Theatre Royal pre-development land; and (b) the acquired council land; and (c) the pre-development adjoining Crown land; and (d) the right-of-way land; and (e) any area of land that is declared in an order under section 22 to be part of the project site – and includes any airspace to which an airspace title relates but, if a title, or airspace title, is issued in relation to a part of the land, or an airspace, in accordance with a direction under section 27(3) , does not include the land or airspace to which that title relates; Recorder of Titles means the person appointed as the Recorder of Titles under section 4 of the Land Titles Act 1980 ; Register means the register of title kept under section 33 of the Land Titles Act 1980 ; registered strata plan means the strata plan, relating to all or part of the land comprised in the project site, that is, in accordance with the Development Agreement, registered under the Strata Titles Act 1998 , as that plan is varied, if at all, under that Act; reinstatement scheme has the same meaning as in the Strata Titles Act 1998 ; relevant early works licence means the licence granted on 4 September 2015 by the University and the originating Minister; relevant pre-existing limitation means any limitation that – (a) is created, imposed, or granted, by a binding agreement entered into, before the commencement day, by – (i) the originating Minister and the Board; or (ii) the originating Minister and the University; or (iii) the originating Minister, the Board and the University; and (b) relates to all or part of the project site – and includes any limitation created, imposed, or granted, by the relevant early works licence; relevant pre-existing right means any right that – (a) is created, conferred, or granted, by a binding agreement entered into, before the commencement day, by – (i) the originating Minister and the Board; or (ii) the originating Minister and the University; or (iii) the originating Minister, the Board and the University; and (b) relates to all or part of the project site – and includes any right created, conferred, or granted, by the relevant early works licence; right includes a right, interest, power, remedy, discretion or authority; right-of-way land means the land referred to in section 19(1) ; sealed plan has the same meaning as in the Local Government (Building and Miscellaneous Provisions) Act 1993 ; Secretary means the Secretary of the Department responsible for the administration of the Crown Lands Act 1976 ; site means the site, within the meaning of the Strata Titles Act 1998 , to which the registered strata plan relates; strata plan has the same meaning as in the Strata Titles Act 1998 ; Studio Theatre lot means the lot shown, on the registered strata plan, as the Studio Theatre or as Lot 3; supplementary agreement means a binding agreement that – (a) is entered into by – (i) the Minister (or the originating Minister or the Crown), the University and the Board; or (ii) the Minister (or the originating Minister or the Crown) and the University; or (iii) the University and the Board; or (iv) any of the persons or entities referred to in subparagraph (i) , (ii) or (iii) and another person or entity; and (b) directly or indirectly – (i) varies or relates to the Development Agreement; or (ii) varies or relates to another supplementary agreement – and includes a supplementary agreement to which section 5(2) relates; surrender day means the day on which occurs the surrender, of the right-of-way land, referred to in section 21(1) ; tenancy arrangement includes any tenancy arrangement that arises by operation of law; Theatre Royal building means the building, as constructed from time to time, known as the Theatre Royal; Theatre Royal lot means the lot shown, on the registered strata plan, as the Theatre Royal or as Lot 1; Theatre Royal management area – (a) before the registration under the Strata Titles Act 1998 of the registered strata plan – means the Theatre Royal pre-development land; and (b) after the registration under the Strata Titles Act 1998 of the registered strata plan and before paragraph (c) applies, if at all, means – (i) the Theatre Royal lot; and (ii) the front-of-house common property; and (c) after the Crown leases the Studio Theatre lot from the University, if at all, means – (i) the Theatre Royal lot; and (ii) the Studio Theatre lot; and (iii) the front-of-house common property; Theatre Royal pre-development land means the land referred to in section 10(1) ; unit entitlement has the same meaning as it has in the Strata Titles Act 1998 ; University has the same meaning as it has in the University of Tasmania Act 1992 ; UTAS lot means the lot shown, on the registered strata plan, as the University of Tasmania or as Lot 2; Valuer-General means the Valuer-General appointed under the Valuation of Land Act 2001 ; vary includes amend, revoke or substitute. 4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 2 - Development Agreement Division 1 - Ratification and variation of certain agreements 5. Ratification of Development Agreement and supplementary agreement (1) The agreement, entitled "Theatre Royal Redevelopment and University of Tasmania Creative Industries and Performing Arts Project Development Agreement", that was made, by deed dated 1 February 2016, between – (a) the originating Minister; and (b) the University; and (c) the Board – is ratified by this subsection. (2) A supplementary agreement that is made before the commencement day between the originating Minister (or the Crown), and another party, is ratified by this subsection. 6. Supplementary agreements (1) Subsection (2) applies in relation to a supplementary agreement if – (a) the supplementary agreement varies the preliminary strata plan; and (b) the preliminary strata plan, as so varied, may, in the opinion of the Board, adversely affect the operation of the Theatre Royal. (2) If this subsection applies in relation to a supplementary agreement, the Minister is to lay before both Houses of Parliament – (a) a copy of the preliminary strata plan as varied in accordance with the supplementary agreement; and (b) a document stating that the Minister, and the Minister responsible for the Theatre Royal Management Act 1986 , approve of the supplementary agreement; and (c) a statement from the Minister setting out the reasons for the supplementary agreement. Division 2 - Performance of obligations, &c., under Development Agreement 7. Powers, &c., of Minister in relation to Development Agreement, &c. Despite any provision of the Crown Lands Act 1976 , the Land Acquisition Act 1993 or the Theatre Royal Management Act 1986 , the Minister may – (a) enter into a supplementary agreement; and (b) perform any of the Minister's obligations under the Development Agreement or a supplementary agreement; and (c) exercise any Development right of the Minister. 8. Powers, &c., of University in relation to Development Agreement, &c. Despite any provision of the University of Tasmania Act 1992 , the University may – (a) enter into a supplementary agreement; and (b) perform any of the University's obligations under the Development Agreement or a supplementary agreement; and (c) exercise any Development right of the University. 9. Powers, &c., of Board in relation to Development Agreement, &c. Despite any provision of the Theatre Royal Management Act 1986 , the Board may – (a) enter into a supplementary agreement; and (b) perform any of the Board's obligations under the Development Agreement or a supplementary agreement; and (c) exercise any Development right of the Board. PART 3 - Consolidation of Project Site Division 1 - Theatre Royal pre-development land 10. Correction of boundaries of Theatre Royal pre-development land (1) For the purposes of this Act, the Theatre Royal pre-development land comprises all that area of land shown as Lot 1, and bounded by a thick black line, on Plan 10199 in the Central Plan Register. (2) A reduced copy of the plan referred to in subsection (1) is set out, by way of illustration only, in Schedule 1 . 11. Certain parts of Theatre Royal pre-development land vest in Crown On the commencement day, all land within the Theatre Royal pre-development land that, immediately before that day, is not Crown land, vests in the Crown. 12. Theatre Royal pre-development land freed from limitations, &c. (1) On the commencement day, all land within the Theatre Royal pre-development land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the land within the Theatre Royal pre-development land. (2) On the commencement day, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the Theatre Royal pre-development land, are extinguished. Division 2 - Pre-development adjoining Crown land 13. Correction of boundaries of pre-development adjoining Crown land (1) For the purposes of this Act, the pre-development adjoining Crown land comprises – (a) all that area of land shown as Lot 2, and bounded by a thick black line, on Plan 10200 in the Central Plan Register; and (b) all that area of land shown as Lot 3, and bounded by a thick black line, on Plan 10200 in the Central Plan Register; and (c) all that area of land shown as Lot 4, and bounded by a thick black line, on Plan 10200 in the Central Plan Register. (2) A reduced copy of the plan referred to in subsection (1) is set out, by way of illustration only, in Schedule 2 . 14. Pre-development adjoining Crown land vests in Crown On the commencement day, all land within the pre-development adjoining Crown land that, immediately before that day, is not Crown land, vests in the Crown. 15. Pre-development adjoining Crown land freed from limitations, &c. (1) On the commencement day, all land within the pre-development adjoining Crown land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the pre-development adjoining Crown land. (2) On the commencement day, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the pre-development adjoining Crown land, are extinguished. Division 3 - Acquired council land 16. Acquired council land (1) For the purposes of this Act, the acquired council land comprises – (a) all that area of land shown as Lot 5, and bounded by a thick black line, on Plan 10200 in the Central Plan Register; and (b) all that area of land shown as Lot 6, and bounded by a thick black line, on Plan 10200 in the Central Plan Register; and (c) all that area of land shown as Lot 7, and bounded by a thick black line, on Plan 10200 in the Central Plan Register. (2) A reduced copy of the plan referred to in subsection (1) is set out, by way of illustration only, in Schedule 2 . 17. Vesting of, and compensation in respect of, acquired council land (1) On the surrender day, the acquired council land vests in the Crown. (2) The Hobart City Council is entitled to compensation for the vesting under subsection (1) of the acquired council land. (3) The Hobart City Council's entitlement to compensation under subsection (2) is extinguished at the end of the period of 6 months commencing on the surrender day, if the Hobart City Council does not lodge, in writing, with the Secretary, a claim for compensation within that period. (4) Compensation is the amount agreed, in writing, between the Hobart City Council and the Minister. (5) Before agreeing an amount of compensation, the Minister must obtain the approval of the Valuer-General to that amount. (6) In determining whether to approve an amount of compensation, the Valuer-General is to apply the same principles, with any necessary modification, as he or she would apply in approving an amount of compensation for the purposes of section 40(8) of the Land Acquisition Act 1993 . (7) If the Hobart City Council and the Minister cannot agree on the amount of compensation, the claim for compensation is to be determined as if it were a disputed claim for compensation under the Land Acquisition Act 1993 and for that purpose – (a) this section is taken to be a notice of acquisition, within the meaning of that Act, gazetted under section 18 of that Acton the day after the surrender day; and (b) the Crown is the acquiring authority. 18. Acquired council land freed from limitations, &c. (1) On the surrender day, all land within the acquired council land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the land within the acquired council land. (2) On the surrender day, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the acquired council land, are extinguished. Division 4 - Right-of-way land 19. Right-of-way land (1) For the purposes of this Act, the right-of-way land comprises all that area of land shown as Lot 8, and bounded by a thick black line, on Plan 10201 in the Central Plan Register. (2) A reduced copy of the plan referred to in subsection (1) is set out, by way of illustration only, in Schedule 3 . 20. Application of certain easements before surrender day (1) The benefiting easement specified in Schedule 2 of folio in the Register Volume 102526, Folio 1, continues to benefit each part of the Theatre Royal pre-development land, and each part of the pre-development adjoining Crown land, that, immediately before the commencement day, was comprised in that folio. (2) The benefiting easement specified in Schedule 2 of folio in the Register Volume 102527, Folio 1, continues to benefit each part of the Theatre Royal pre-development land that, immediately before the commencement day, was comprised in that folio. (3) Without limiting the effect of subsections (1) and (2) , the area shown as the footway area on Plan 10199 in the Central Plan Register may be used to provide pedestrian access, and pedestrian egress, between – (a) that part of the Theatre Royal pre-development land that, immediately before the commencement day, was comprised in folio in the Register Volume 102526, Folio 1; and (b) that part of the Theatre Royal pre-development land that, immediately before the commencement day, was comprised in folio in the Register Volume 102527, Folio 1. (4) A reduced copy of the plan referred to in subsection (3) is set out, by way of illustration only, in Schedule 1 . (5) Subsections (1) , (2) and (3) cease to apply on and from the surrender day. (6) Nothing in this section is to be taken to affect the operation of section 21 . 21. Right-of-way land freed from limitations, &c. (1) On theday (the surrender day) on which the right-of-way land is surrendered to the Crown by the University, all land within the right-of-way land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the right-of-way land. (2) On the surrender day, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the right-of-way land, are extinguished. Division 5 - Additional Crown land 22. Crown land may be included in project site (1) The Minister, by order, may declare to be part of the project site – (a) an area of Crown land, specified in the order, that adjoins the project site; or (b) an area of land, vested in the Hobart City Council, on which part of a building, or structure, erected under, or purportedly under, the Development Agreement, is situated. (2) On theday on which an area of land, that is, immediately before the operation of this subsection, vested in the Hobart City Council, is declared under subsection (1) to be part of the project site, the area of land vests in the Crown. (3) On theday on which an area of land is declared under subsection (1) to be part of the project site, all land within the area of land is freed and discharged from all limitations (other than preserved limitations) that existed, immediately before that day, in relation to all or part of the land. (4) On theday on which an area of land is declared under subsection (1) to be part of the project site, all public and private rights (other than preserved rights) that existed, immediately before that day, in relation to all or part of the land within the area of land, are extinguished. (5) Section 17 applies in relation to an area of land that vests in the Crown under subsection (2) as if the land were vested in the Crown under section 17(1) . (6) An amount of compensation payable to the Hobart City Council under section 17 by virtue of the operation of subsection (5) in relation to an area of land may be recovered by the Crown from the University as a debt due and payable. (7) An order under this section – (a) is not a statutory rule for the purposes of the Rules Publication Act 1953 ; and (b) is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992 . Division 6 - Exclusion of certain limitations and rights from operation of this Part 23. Minister may declare certain limitations and rights not to be extinguished (1) The Minister, by order, may declare that a limitation that relates to all or part of the land that is, or is to be, within – (a) the project site; or (b) land adjoining the project site – is a preserved limitation for the purposes of this Act. (2) The Minister, by order, may declare that a right that relates to all or part of the land that is, or is to be, within – (a) the project site; or (b) land adjoining the project site – is a preserved right for the purposes of this Act. (3) An order may be made under this section even though the effect, under this Part, of the order is to – (a) cause to exist a right that has been extinguished under this Act; or (b) re-impose a limitation from which land has been freed under this Act – and where an order has such an effect, the right and limitation resume existence, or are re-imposed, by virtue of this section, on and from a date specified, in relation to the right or limitation, in the order. (4) A date specified, for the purposes of subsection (3) , in an order may be a date before or after the date on which the order is made. (5) An order under this section – (a) is not a statutory rule for the purposes of the Rules Publication Act 1953 ; and (b) is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992 . PART 4 - Land and Airspace Titles in Relation to Certain Land 24. Titles may be created in relation to project site and airspace (1) The Minister and the Director-General of Lands may do all things necessary or convenient for the purposes of creating titles under the Land Titles Act 1980 in relation to – (a) all or part of the land that is, or is to be, within the project site, including strata titles and titles to areas of land above or below the surface of land; and (b) airspace, referred to in section 25(1) , that is, or is to be, within the project site or is situated above land that adjoins the land that is, or is to be, the project site. (2) Subsection (1) does not apply to the right-of-way land, or the acquired council land, until the day after the surrender day. (3) Without limiting the generality of subsection (1) , applications may be made to the Recorder of Titles under section 27A of the Land Titles Act 1980 in relation to land or airspace referred to in subsection (1)(a) or (b) . (4) The Minister, in writing, may direct the Recorder of Titles to create, re-arrange or extinguish any folio of the Register in relation to land or airspace referred to in subsection (1)(a) or (b) . (5) On receiving a direction under subsection (4) , the Recorder of Titles is to create, re-arrange or extinguish a folio of the Register as he or she considers appropriate. 25. Airspace titles may be created (1) Without limiting the generality of section 24 and section 27 and despite anything in the Local Government (Highways) Act 1982 – (a) a title relating in whole or in part to airspace that is situated above all or part of the land that – (i) is, or is to be, within the project site; or (ii) adjoins the land that is, or is to be, within the project site – may be created by the Recorder of Titles in accordance with section 24 or 27 ; and (b) a direction may be given under either section 24 or 27 in relation to the creation of such a title – for the relevant purpose. (2) For the purposes of subsection (1) , the relevant purpose is so as to enable any part of a structure, that is to be situated in whole or in part on the land that is, or is to be, within the project site, to overhang another area of land (whether within or outside any land within the project site) that is a highway, if the part of the structure is to overhang the highway by more than the prescribed height. (3) For the purposes of subsections (1) and (2) , a part of a structure is to overhang a highway by more than the prescribed height if – (a) where the highway is a footway – the part of the structure is to be more than 2.4 metres above the footway; or (b) where the highway is a carriageway – the part of the structure is to be more than 4.25 metres above the carriageway. (4) Any estate or interest created by an airspace title vests in the Crown but may be disposed of by the Crown at any time – (a) for the purposes of the Development Agreement; or (b) if the Minister is satisfied that the Development Agreement has been terminated, rescinded or abandoned. (5) If an airspace title is created in relation to airspace that is situated above land that, immediately before the creation of the title – (a) was vested in the Hobart City Council; and (b) was land on which a highway is situated – section 17 applies in relation to all the estates and interests that vest in the Crown under subsection (4) as if those estates and interests were land vested in the Crown under section 17(1) . (6) An amount of compensation payable to the Hobart City Council under section 17 by virtue of the operation of subsection (5) in relation to an airspace title may be recovered by the Crown from the University as a debt due and payable. 26. Adjustment of affected titles (1) The Minister and the Director-General of Lands may do all things necessary or convenient for the purposes of creating, amending or extinguishing titles under the Land Titles Act 1980 in relation to land that is affected, directly or indirectly, by the operation of a provision of Part 3 or this Part, including by the creation under section 25 of an airspace title in relation to the land or other land. (2) Without limiting the generality of subsection (1) – (a) applications may be made to the Recorder of Titles under section 27A of the Land Titles Act 1980 in relation to land referred to in subsection (1) ; and (b) a title may be created, amended or extinguished in order to adjust the height to which extends a right of way that is situated below an airspace to which an airspace title created under section 25 relates. (3) The Minister, in writing, may direct the Recorder of Titles to create, amend, re-arrange or extinguish any folio of the Register in relation to land referred to in subsection (1) . (4) On receiving a direction under subsection (3) , the Recorder of Titles is to create, amend, re-arrange or extinguish a folio of the Register as he or she considers appropriate. 27. Establishment of single title (1) This section applies if the Minister is satisfied that the Recorder of Titles has, in relation to – (a) all or part of the land within the project site; and (b) airspace to which section 25 applies – taken all actions under section 24 that are necessary or convenient to enable a title that relates to all or part of such land, and airspaces, to be created under the Land Titles Act 1980 in accordance with a direction of the Minister under subsection (2) . (2) If this section applies, the Minister may direct the Recorder of Titles to issue a single title under the Land Titles Act 1980 that will encompass – (a) all or part of the land within the project site; and (b) all or some of the existing airspace titles. (3) If the Minister directs the Recorder of Titles to issue a single title under subsection (2) in relation to – (a) part only of the land within the project site; or (b) only some of the existing airspace titles – the Minister may direct the Recorder of Titles to issue a title in relation to either or both of the following: (c) any part of the land within the project site that is not land to which the single title relates; (d) any airspace that is not airspace to which the single title relates. (4) On receiving a direction under subsection (2) or (3) , the Recorder of Titles is to create, re-arrange or extinguish a folio of the Register as he or she considers appropriate. 28. Notice in relation to project may be placed on Register (1) The Minister may direct the Recorder of Titles to place on the Register a notice advising that this Act applies i