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.