Luna Park Site Act 1990 (NSW)

Luna Park Site Act 1990 No 59

An Act to return the Luna Park site to the people of New South Wales and to provide for its future management; to deal with the payment of any compensation which may be payable to the lessee of the site; to repeal the Luna Park Site Act 1981; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Luna Park Site Act 1990.

2 Commencement (1) This Act commences on the date of assent, except as provided by this section. (2) A provision of Part 2, Part 3 or Schedule 1 commences or is to be taken to have commenced on a day or days to be appointed by proclamation. (3) Such a proclamation may appoint 6 June 1990 or any later day as the date of commencement of a provision of Part 2, Part 3 or Schedule 1.

3 Object of this Act The object of this Act is to return the Luna Park site to the people of New South Wales and to ensure that Luna Park and the associated harbour foreshore remain available and accessible for the enjoyment of the people of New South Wales.

4 Definitions (1) In this Act: arbitrator means the arbitrator appointed under section 12. authorised use means any use that is authorised under Part 2A. dedicated use means any use for a purpose for which the land comprising the Luna Park site is dedicated as referred to in section 5A (1). improvement means an improvement that was on the Luna Park site immediately before 6 June 1990. Luna Park lease means the sub-lease registered number S 830396 dated 27 May 1981 between the Minister for Lands for and on behalf of Her Majesty Queen Elizabeth II and Harbourside Amusement Park Pty. Limited, as varied by: (a) the deed made 14 December 1983 between those persons, and (b) the deed made 18 March 1988 between the Minister for Lands for and on behalf of Her Majesty Queen Elizabeth II and Prome Investments Pty. Limited. Luna Park Reserve means the land comprising the Luna Park site. Luna Park Reserve Trust means the Luna Park Reserve Trust as reconstituted by section 5B. Luna Park site means the land described in Schedule 1. the lessee means: (a) the lessee under the Luna Park lease and includes any person to whom the estate or interest of the lessee under that lease has been lawfully assigned, or (b) if the Luna Park lease is determined (by forfeiture or otherwise), the person who, immediately before the determination of the lease, was the lessee under the lease. (1A) In this Act, a reference to the noise from an authorised use or dedicated use includes a reference to noise arising from all persons involved in the use (such as, in the case of a use for public entertainment, the patrons of the entertainment). (2) If a provision of Part 2 or Part 3 is to be taken to have commenced before the date of assent to this Act, this section is, to the necessary extent, to be taken to have commenced on the commencement of the provision.