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Lakeside Trust Proposal
Charter
“To provide for the management,
operation, use and promotion of Lakeside International Raceway for the purpose
of staging motor racing, sporting, educational, recreational or entertainment
events and for other community purposes, including related activities that
support the facility’s ability to execute the aforementioned purpose.”
Proposal Outline
The Lakeside Motor
Raceway Enthusiasts Inc (LMRE) recognises that Lakeside is a community asset;
both to the Pine Rivers Shire and the State of Queensland, and that this asset
should be available to the broader community. The LMRE recognise that this is
best achieved by ensuring that the broader community is entrusted with the
responsibility, control and future of the Lakeside complex.
The LMRE propose
that the above is best achieved by the establishment
of an independent Trust which has as its
primary objectives, the care, continued existence and availability to the
community of the Lakeside complex. It will also ensure no particular community
group that wishes to utilise the complex is excluded.
It is important to recognise that with the State
Heritage listing the Lakeside complex is a State cultural asset. That means that
as well as residents of the Pine Rivers Shire, all Queenslander’s have a vested
interest in the complex.
Why a Trust?
A Trust may be broadly defined as the placing of
property or money under the control of a particular person or persons, with
defined guidelines, for the benefit of another person or persons.
In the case of Lakeside, we are proposing that a new
legal entity be formed to provide a structure for the on-going management of the
Lakeside facility and provide the owners with more flexibility and benefits as
guardians of the site.
·
A Trust can allow for a transfer of ownership without a strategic
loss of control.
·
A Trust will transfer the responsibility for the management of the
site away from the Council.
·
A Trust will be managed by a board that reflects all the community
stakeholders, including the facility users and the Council.
·
A Trust will relieve financial burden of the facility from the
Council.
·
A Trust can lease the management rights to a professional third
party to operate the facility on day-to-day basis.
·
A Trust can help protect the Council from insurance claims which
may be brought against the facility.
Generally most Trusts created
over a public asset have an act of parliament passed to ensure there are strict
guidelines regarding the objectives of the Trust, and how the Trustees may or
may not undertake certain functions, and operating rules, such as the time
period Trustees may serve as a trustee.
A Trust created under an act
also allows the land to be held in perpetuity. That means that the land can be
held or owned by the trust without having to be sold once the owner of the land
dies after a certain period, as is the case usually with privately owned land.
An example one of the most
successful trusts over a public area is the Mount Gravatt Showgrounds Trust.
This is operating under the Mt Gravatt Showgrounds Act 1988 (refer to Appendix
B) and is used by a variety of community groups, from dog training to historical
vehicle displays. It also has permanent facilities such as a golf driving range.
A Trust really allows the
Trustees to concentrate on what is best for the property and the persons for
whom property is being held. In this instance by placing the Lakeside Complex in
a Trust, the Trustees while knowing they must follow all governmental
regulations will be free from many of the constraints and considerations that a
Shire Council for example would have to consider.
That is not to say the Local
and State government would not have representation on the trust. An act may
stipulate that certain trustee positions be reserved for specific identified
elected representatives, as well as those from the community. (Please refer to
Appendix B for an example).
Who owns and uses Lakeside now?
The Pine Rivers Shire Council
acquired the complex in 2001 and should be congratulated for having the
foresight to purchase Lakeside for the community. Currently it is understood
that it is utilised by a limited number of sporting groups.
As the owner of a heritage
place, the Pine Rivers Shire Council is responsible to the State Government’s
Environmental Protection Agency to ensure they and those that use the complex
conserve and maintain the identified heritage integrity of the complex.
In proposing the Trust the
LMRE recognises that the burden of Lakeside currently falls directly upon the
ratepayers of the Pine River Shire and it would like to see this burden lifted
while ensuring Lakeside is still available to the wider community and sporting
groups.
Could the Lakeside Trust fund itself?
At the time the Lakeside motorsport complex ceased
operating it had a full calendar of events.
Provided it compliments
community expectations, we suggest that the trustees be permitted to consider
every avenue to raise funds to support the complex, including:
1. Initial
donation of the complex by the Pine Rivers Shire Council to the Lakeside trust
or rent on “peppercorn basis” over a defined period, of possibly 25 years>. This
would allow for long term planning, commitment from financial and commercial
partners and ensure immediate success by minimizing the debt burden.
2. State
and Federal Government funding including grants and loans, for either publicly
owned sporting facilities and heritage places. (Whilst, Lakeside had
successfully applied for State funding prior to the transfer of ownership, the
facility has received or been able to apply for either of the aforementioned
categories of government funding).
3. Attract
corporate sponsorship.
4. Volunteer
labour and donations. It is important to remember Lakeside was substantially
constructed by volunteers and a large amount of the cost of refurbishment could
be absorbed by donations of materials and labour. This includes expertise.
5. Income
through short term rental or leasing of existing facilities to various
interested clubs and organisations.
6. Possible
selling or long term leasing of a small proportion of the land for
residential/recreational/educational or other such uses.
7. Develop
a portion of the site to attract businesses for the stable cash flow provided by
commercial leases such as the driver/rider training facility.
8. Loans
or issues of debentures.
9. Establishment
of tourist attractions at the site including a motorsport museum.
10.
Community Emergency Services training
11.
Vehicle manufacturer testing and promotional events
12.
Develop environmentally friendly motoring technology
13.
Club-level motorcycle, automobile and superkart racing events.
Recognition should also be
given to the monetary benefit Lakeside has given in the past to the PRSC
community. As a motorsport track it attracted numerous competitors and
spectators to the area who spent locally. Many community groups were invited to
fundraise through gate takings etc. The benefit of such a community asset flows
onto the community as a whole.
It should also be remembered
that funding for Lakeside is but one issue. The Trustees would need to consider
other issues such as how Lakeside as a complex would fit into the developing
Pine River Shire, and whether any concerns regarding the environment are valid
or require addressing. Most of these however would be addressed through a number
of specific studies for evaluation and incorporation into a master plan for the
complex.
How will heritage
listing affect the Trust?
As a
heritage listed place, the Lakeside Trust will not have to seek approval by the
State for every change or each time it is used.
The Queensland Heritage Council (QHC) has available a
number of legislative mechanisms which enable it to pre-approve or exempt
certain works on a Heritage Place. This exemption or pre-approval operates in
conjunction with the Local Authority and the Integrated Planning Act 1997
and requires a comprehensive conservation study to be undertaken on the heritage
place.
These mechanisms include:
· An
exemption certificate. Part 5, division 2 of the Queensland Heritage Act
provides for exemption certificates to be given in certain circumstances and
provides an exemption from lodging a development application (to the Heritage
Council) for certain work including
·
maintenance work;
·
emergency or minor repair work;
·
work undertaken in a prescribed manner. That is work to a standard
prescribed manner, generally in accordance with the conservation plan.
· Exemption
for what may be considered minor works that do not have a permanent impact upon
a heritage place. For example, in the case of Lakeside where an event is being
held and erection of tents and temporary buildings such as demountable toilets
occur one would envisage approval form the QHC would not be required.
In conclusion,
there is a high degree of flexibility permitted by the QHC, provided an
established and approved conservation plan is in place, for heritage listed
properties to undertake works and to use and enjoy the facility without the
obligation to constantly seek approval from the QHC.
What of Lakeside’s Future?
Motorsports within Australia has changed dramatically in
the past few years alone. The top level V8Supercar Series, currently could not
run an event at Lakeside due to various commercial and logistical factors.
In
fact, a major change has taken place since the Pine Rivers Shire conducted its
initial studies into the viability of Lakeside. The advent of a new governing
body for Australian motorsport forces a review of all past assumptions. The
Australian Auto-sport Alliance is a non-profit organisation that has
dramatically reduced the costs associated with operating motorsport venues and
events.
However, the trustees would need to consider all options
and requirements as to what would benefit the Lakeside Complex, the local
community – both business and private, the Pine Rivers Shire Council and the
Queensland’s State Government’s Environmental Protection Agency.
Lakeside was owned and run as a private company, with
the involvement and support of many motorsport enthusiasts, private companies
and community groups.
However, with the
potential income that the complex may generate and in consideration of the
reason for which Lakeside was State Heritage listed – its motorsport history -
it would be desirable that some form of motor racing, and associated industries,
along with driver training, return to the
complex.
Will heritage listing let everyone use the
complex?
State Heritage listing is there to ensure the
preservation and conservation of a heritage place that has been recognised as
having cultural value to the people of the Sate of Queensland. Such identified
properties are entered onto the State Heritage Register.
Responsibility
for places, apart from the owners of such places, entered upon the Heritage
register rests with the Queensland Government’s Environmental Protection Agency
(E.P.A). With regards to heritage the EPA operate under
Queensland Heritage Act 1992
(Qld). Any listings and subsequent development upon heritage places is reviewed
by the Heritage Council, who is comprised of different representatives from
specific areas of heritage and the community.
An important
document that provides guidelines conservation and preservation of Heritage
Places in Australia is The Burra Charter: The Australian ICOMOS Charter for
Places of Cultural Significance (Burra Charter). Now under the Burra
Charter continued use is encouraged, as is conservation of the Place,
meaning that it should change as little as possible.
An easy
example to point to is the adaptation of warehouses that were used as Woolstores,
for residential living found in the inner city suburbs of New Farm, Teneriffe
and Newstead.
Where a heritage place has a State listing over
it such proposed changes of use for the place are presented to the Heritage
Council and they approve or may make recommendations to change the proposal.
Heritage listing does not mean anything on a
place is prohibited. It means that whatever the use heritage place is put to it
does not compromise the heritage integrity of the place and ensures that the
heritage is preserved for future generations.
What is so special about Lakeside?
Much has been written and said about Lakeside by
spectators, volunteers and competitors alike. Its history is so significant that
when it was nominated to the State Environment Protection Agency, its Heritage
Council, who is comprised of various heritage industry professionals and
representative from the community, unanimously placed it on the Heritage
Register.
Why,
because the complex as a motor racing circuit provides an important link with
Queensland’s history. Opened in 1961 by the then Queensland Governor Sir Henry
Able Smith, Lakeside was the first purpose designed motor racing circuit in
Queensland. A motorsport circuit from this era is now rare in Australia.
Over the
years the circuit has seen many national and international champions, who are
household names race there. These include such names as Sir Jack Brabham, Mick
Doohan, Sir Jackie Stewart, Gregg Hansford, Jim Clark, Peter Brock and our local
Queensland hero Dick Johnson.
Fortunately the Heritage
Council does not have to justify a heritage listing by whether it is popular or
not. Motor sport is certainly among the most popular of sports supported in
Australia today.
The Heritage Council can apply
and approve standard criteria which enables, as far as possible, to remove any
bias of personal preference as what should or should not be listed. Lakeside is
on the State Heritage register because, after rigorous assessment, the Heritage
Council finally deemed that it was an important Queensland cultural asset worthy
of conservation.
What is the next step?
Following consideration of the concept of Trust for the
future management structure of Lakeside International Raceway, we suggest a
follow-up meeting between all the stakeholders to answer any questions by the
parties.
Subsequently, if an agreement can be gained, Lakeside
Motor Racing Enthusiasts will offer to assist in the undertaking of an
assessment of the race track in its current state and prepare a long term plan
for the success the Lakeside.
Who are the
stakeholders?
They are the
residents and business community of the Pine Rivers Shire, the Pine Rivers Shire
Council, State and Federal Government representatives, all clubs and
associations which are using or would desire to use the complex, and because of
the nature of the of the complex, motor racing enthusiasts. In short no one
should be discouraged from involving him or herself in the future of the
Lakeside complex.
Lakeside is
human-made complex and as such requires controlled usage and maintenance. It’s
current state, though somewhat deteriorated through lack of proper and
controlled maintenance is not beyond conservation and restoration.
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