Breakwater Island Casino Agreement Act 1984

An Act with respect to the ratification of an agreement entered into for and on behalf of the State of Queensland with ANZ Executors & Trustee Company Limited and Breakwater Island Limited; to make provision with respect to certain other agreements; and for associated and consequential purposes

1Short title

This Act may be cited as the Breakwater Island Casino Agreement Act 1984.

2Ratification of formal agreement

(1)The agreement entered into for and on behalf of the State with ANZ Executors & Trustee Company Limited and Breakwater Island Limited, a copy of which is set out in schedule 1, is hereby ratified and approved and given the force of law and shall take effect as if its provisions were expressly enacted in this Act, and such provisions shall apply and prevail notwithstanding inconsistency in any respect with any other Act or law.

(2)Such agreement is in this Act referred to as the formal agreement.

s 2 amd 1998 No. 15 s 314

3Variation of formal agreement

(1)The formal agreement may be varied by a further agreement corresponding to a proposed further agreement set out in schedule 2 between the Minister and the other parties to the formal agreement.

(2)The Minister must notify the date of the making of the further agreement by Gazette notice.

(3)The further agreement in schedule 2, part 3, varies the formal agreement only to the extent the further agreement contains a variation of the formal agreement as in force immediately before the making of the further agreement.

s 3 sub 1993 No. 32 s 3 sch 1

amd 1998 No. 15 s 315; 2006 No. 5 s 3; 2014 No. 46 s 24

4Particular provisions of trustee leases

(1)This section applies to the following (each a relevant lease)—

(a)trustee lease 601414725;

(b)trustee lease 703470717;

(c)a trustee lease granted over—

(i)if trustee lease 601414725 or 703470717 is surrendered—the trust land to which it relates; or

(ii)if land is granted under a deed of grant in trust over all or part of lot 676 on CP909884, however described (the lot 676 trust land)—all or part of the lot 676 trust land; or

(iii)a combination of the trust lands mentioned in subparagraphs (i) and (ii);

(d)a trustee lease granted to replace 1 or more of the relevant leases mentioned in paragraphs (a) to (c).

(2)Each relevant lease may—

(a)despite the Land Act 1994, section 61(1), be granted for a period ending on 23 November 2063; and

(b)despite the Land Act 1994, section 58(1), allow the trustee lessee of the relevant lease to rent berthing or mooring facilities on the leased land—

(i)under a licence or other similar arrangement; and

(ii)only with the written approval of, and on the conditions decided by, the trustee of the trust land to which the relevant lease relates.

(3)Subsection (2) applies, and is taken always to have applied, to a relevant lease granted before the commencement of this section.

(4)In this section—

deed of grant in trust see the Land Act 1994, schedule 6.

trustee lease see the Land Act 1994, schedule 6.

trust land see the Land Act 1994, schedule 6.

s 4 prev s 4 om 2006 No. 5 s 4

pres s 4 (prev s 3A) ins 2007 No. 17 s 51

renum 2007 No. 17 s 52

5Parliament not restricted

Nothing contained in this Act or in the formal agreement shall be construed to restrict the Parliament in making laws that affect the rights and obligation of the parties to the agreement under the agreement or any variations of it.

s 5 orig s 5 sub 1993 No. 32 s 3 sch 1

om 2006 No. 5 s 4

pres s 5 (prev s 4 (prev s 6)) amd 2006 No. 5 s 5 (1)–(2)

renum 2006 No. 5 s 5 (3); 2007 No. 17 s 52

Editor’s note—

Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time.

sch 1 sub 1998 No. 15 s 316

section 3(1)

sch 2 ins 1998 No. 15 s 317

amd 2006 No. 5 s 7; 2014 No. 46 s 25