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PARLIAMENT OF VICTORIA
City of Melbourne and Docklands Acts
(Governance) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--CITY OF MELBOURNE ACT 2001 3
3. Definition of docklands area 3
4. New section 5A inserted 3
5A. Docklands area is part of municipal district 3
5. New Part 4A inserted 4
PART 4A--DOCKLANDS CO-ORDINATION
COMMITTEE 4
27A. Definitions 4
27B. Establishment of the Docklands Co-ordination
Committee 5
27C. Constitution of the Committee 6
27D. Deputy members 6
27E. Removal from office 7
27F. Chairperson 7
27G. Quorum 8
27H. Voting 8
27I. Delegation 8
27J. Functions 9
27K. Council and Authority may enter into an agreement 9
PART 3--DOCKLANDS ACT 1991 11
6. Definitions 11
7. Definition and change of docklands area 11
8. Authority to represent the Crown for certain purposes 11
9. Land management and use 12
10. Revocation of reservations 12
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551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
Clause Page
11. Charges 12
12. Transport and port facilities 12
13. Bodies may be required to act promptly 13
14. Administration of Building Act 13
15. Amendments to section 32 13
16. Planning powers of the Authority 13
17. Repeal of Part 3A--municipal functions of Authority 13
18. Docklands Fund 13
19. Repeal of sections 44 and 51A 13
20. By-laws 14
21. Regulations 14
22. Substitution of Part 7 14
PART 7--TRANSITIONAL 14
Division 1--General transitional provisions 14
57. Definitions 14
58. Sewers and drains 15
59. Roads 15
60. Authorised officers 16
61. Rates 16
62. Transitional orders 16
63. Voters' roll 18
64. Indemnity 18
65. Authority and Melbourne City Council may enter
into an agreement 18
Division 2--Land to be reserved 19
66. Reservation of land for public purposes 19
67. Surrender or divesting of land 20
68. Preservation of leases 22
69. Preservation of planning agreements 24
70. Saving of rights 24
71. Secretary to keep register 25
72. Agreement to extinguish right 25
73. No compensation payable 25
PART 4--AMENDMENT OF OTHER ACTS 26
23. Amendment of the Congestion Levy Act 2005 26
24. Amendment of the Emergency Management Act 1986 26
25. Amendment of the Environment Protection Act 1970 26
26. Amendment of the Melbourne City Link Act 1995 26
27. Amendment of the Metropolitan Fire Brigades Act 1958 26
28. Amendment of the Public Holidays Act 1993 26
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551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
Clause Page
29. Amendment of the Road Management Act 2004 27
30. Amendment of the Victoria Grants Commission Act 1976 27
ENDNOTES 28
iii
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the City of Melbourne Act 2001 to return the docklands
area to the municipal district of the City of Melbourne and to establish
a Docklands Co-ordination Committee and to amend the Docklands
Act 1991 and other Acts and for other purposes.
City of Melbourne and Docklands Acts
(Governance) Act 2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the City of Melbourne Act
2001--
5
1
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 1--Preliminary
s. 2
(i) to return the docklands area to the
municipal district of the City of
Melbourne; and
(ii) to provide for the establishment of the
Docklands Co-ordination Committee;
5
(b) to amend the Docklands Act 1991--
(i) to give effect to the return of the
docklands area to the municipal district
of the City of Melbourne; and
(ii) to provide for the reservation of certain
10
land in the docklands area.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
15
operation before 1 January 2008 it comes into
operation on that day.
__________________
2
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 2--City of Melbourne Act 2001
s. 3
See:
PART 2--CITY OF MELBOURNE ACT 2001
Act No.
5/2001
3. Definition of docklands area and
amending
In section 3 of the City of Melbourne Act 2001 Act Nos
23/2002,
insert the following definitions-- 109/2003 and
29/2005.
' "Authority" means the Victorian Urban
5 LawToday:
Development Authority established by the www.dms.
dpc.vic.
Victorian Urban Development Authority gov.au
Act 2003;
"docklands area" has the same meaning as in the
Docklands Act 1991;'.
10
4. New section 5A inserted
After section 5 of the City of Melbourne Act
2001 insert--
"5A. Docklands area is part of municipal
district
15
(1) The municipal district of the City of
Melbourne includes the docklands area.
(2) The addition of the docklands area to the
municipal district of the City of Melbourne
does not constitute a reconstitution of the
20
Council.".
3
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 2--City of Melbourne Act 2001
s. 5
5. New Part 4A inserted
After Part 4 of the City of Melbourne Act 2001
insert--
'PART 4A--DOCKLANDS CO-ORDINATION
COMMITTEE
5
27A. Definitions
(1) In this Part--
"Authority nominee" means a member of
the Committee nominated under section
27C(1)(a)(ii);
10
"Committee" means the Docklands
Co-ordination Committee established
by the Council under this Part;
"Co-ordination area" means--
(a) any land reserved under section 66
15
or 67 of the Docklands Act 1991
of which the Council is the
committee of management under
the Crown Land (Reserves) Act
1978; and
20
(b) any land added to that area by
Order under sub-section (2)--
but does not include any land removed
from the area by Order under sub-
section (2);
25
"Council nominee" means a member of the
Committee nominated under section
27C(1)(a)(i);
"Docklands Minister" means the Minister
for the time being administering the
30
Docklands Act 1991;
4
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 2--City of Melbourne Act 2001
s. 5
"Ministerial appointee" means a member
of the Committee appointed under
section 27C(1)(b);
"place management services" means
services that relate to--
5
(a) site presentation;
(b) waterways management;
(c) safety and security;
(d) the marketing and promotion of
the docklands area;
10
(e) the attraction and staging of
events in the docklands area;
(f) any other prescribed matter.
(2) The Governor in Council, on the joint
recommendation of the Minister and the
15
Docklands Minister, may by Order add any
Crown land in the docklands area to, or
remove any Crown land in the docklands
area from, the Co-ordination area.
(3) An Order under sub-section (2) must be
20
published in the Government Gazette.
27B. Establishment of the Docklands
Co-ordination Committee
(1) The Council must establish a committee to
be called the Docklands Co-ordination
25
Committee.
(2) The Committee is deemed to be a Special
Committee established under section 86 of
the Local Government Act 1989.
5
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 2--City of Melbourne Act 2001
s. 5
(3) Despite sub-section (2), sections 86(2),
88(3), 88(4), 88(7), 90(1)(d), 90(1)(e) and
91(3) of the Local Government Act 1989
do not apply to the Committee.
27C. Constitution of the Committee
5
(1) The Docklands Co-ordination Committee
consists of up to 7 members of whom--
(a) 6 must be persons appointed by the
Council of whom--
(i) 3 must be persons nominated by
10
the Council; and
(ii) 3 must be persons nominated by
the Authority; and
(b) 1, if appointed, must be a person
appointed jointly by the Minister and
15
the Docklands Minister.
(2) Nothing in sub-section (1) requires a person
to be appointed under sub-section (1)(b).
(3) An appointment under sub-section (1)(b)
must specify the term of appointment (not
20
exceeding 4 years) of the person appointed.
(4) A person appointed under sub-section (1) is
eligible for reappointment.
27D. Deputy members
(1) The Council may appoint as a deputy
25
member for each member appointed by the
Council a person nominated in the same
manner as the member appointed by the
Council for whom he or she is deputy.
(2) The Minister and the Docklands Minister
30
may jointly appoint a person as a deputy
member for the Ministerial appointee.
6
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 2--City of Melbourne Act 2001
s. 5
(3) A deputy member appointed under sub-
section (1) or (2) may, in the absence of the
member, attend a meeting of the Docklands
Co-ordination Committee in place of the
member and perform any function at that
5
meeting that the member could have
performed.
27E. Removal from office
(1) The Council may at any time remove a
member of the Committee who is a Council
10
nominee or a deputy of that member from
office.
(2) The Council must at the request of the
Authority remove a member who is an
Authority nominee or a deputy of that
15
member from office.
(3) The Minister and the Docklands Minister
may jointly remove a member who is a
Ministerial appointee or the deputy of that
member from office.
20
27F. Chairperson
(1) The person who is the Ministerial appointee
(if any) is to be the Chairperson at a meeting
of the Docklands Co-ordination Committee
at which he or she is present.
25
(2) For each meeting at which the member who
is the Ministerial appointee (if any) is not
present, the role of Chairperson is to
alternate between a member nominated by
the Council nominees and a member
30
nominated by the Authority nominees on the
Committee beginning with a member
nominated by the Council nominees.
7
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 2--City of Melbourne Act 2001
s. 5
27G. Quorum
5 members of the Docklands Co-ordination
Committee constitute a quorum.
27H. Voting
(1) At a meeting of the Docklands Co-ordination
5
Committee at which the Ministerial
appointee presides--
(a) the Ministerial appointee (if any) has a
casting as well as deliberative vote; and
(b) a question before the meeting is to be
10
determined by a majority of votes.
(2) If at a meeting of the Committee a person
other than the Ministerial appointee (if any)
presides, a question before the meeting is to
be determined by a unanimous vote of the
15
members present at the meeting.
(3) Subject to this Part, the conduct of meetings
of the Committee is in its discretion.
27I. Delegation
(1) The Council must, in accordance with the
20
regulations, delegate to the Docklands
Co-ordination Committee such of its
functions in relation to the monitoring of
place management services in the
Co-ordination area as are specified in the
25
regulations.
(2) The Council must not amend, revoke or
impose conditions on a delegation made
under sub-section (1) except in accordance
with the regulations.
30
8
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 2--City of Melbourne Act 2001
s. 5
(3) The carrying out by the Committee of
functions delegated under this section is
deemed for the purposes of this Act and the
Local Government Act 1989 to have been
carried out by the Council.
5
(4) A delegation of a function under this section
does not prevent the Council from carrying
out the function.
(5) Section 42A of the Interpretation of
Legislation Act 1984 does not apply to a
10
delegation under this section.
27J. Functions
The functions of the Docklands
Co-ordination Committee are to--
(a) approve any place management plan
15
prepared for the Co-ordination area in
accordance with the regulations; and
(b) approve any finance and infrastructure
plan prepared for the Co-ordination
area in accordance with the regulations;
20
and
(c) provide advice, guidance and
recommendations to the Council about
the provision of place management
services in the Co-ordination area; and
25
(d) carry out any function in relation to the
monitoring of place management
services that is delegated to the
Committee under section 27I.
27K. Council and Authority may enter into an
30
agreement
(1) The Council and Authority may enter into an
agreement in relation to the provision and
co-ordination of place management services
in the Co-ordination area.
35
9
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 2--City of Melbourne Act 2001
s. 5
(2) An agreement made under this Part must--
(a) provide for the prescribed matters; and
(b) not be inconsistent with this Part or the
regulations.'.
__________________
10
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 6
See:
PART 3--DOCKLANDS ACT 1991
Act No.
22/1991.
6. Definitions Reprint No. 4
as at
In section 3 of the Docklands Act 1991-- 1 March 2005
and
(a) for paragraph (c) of the definition of "land" amending
Act Nos
substitute--
5 108/2004 and
95/2005.
"(c) any estate, interest, easement, servitude, LawToday:
www.dms.
privilege or right in or over land; and dpc.vic.
gov.au
(d) any stratum of land;";
(b) after the definition of "staff" insert--
' "stratum of land" means a part of land
10
consisting of a space of any shape
above or below or partly above and
partly below the surface of the land, all
the dimensions of which are limited;';
(c) the definitions of "municipal functions",
15
"public notice" and "voter" are repealed.
7. Definition and change of docklands area
(1) Section 4(5)(a) of the Docklands Act 1991 is
repealed.
(2) Section 4(6) of the Docklands Act 1991 is
20
repealed.
8. Authority to represent the Crown for certain
purposes
(1) For section 6(b)(i) of the Docklands Act 1991
substitute--
25
"(i) it does anything under this Act in relation to
Crown land;".
(2) Section 6(b)(ii) of the Docklands Act 1991 is
repealed.
(3) In section 6(b)(iii) of the Docklands Act 1991, for
30
"Crown;" substitute "Crown--".
11
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 9
(4) Section 6(b)(iv) of the Docklands Act 1991 is
repealed.
9. Land management and use
For section 20(1)(a) of the Docklands Act 1991
substitute--
5
"(a) Crown land other than land for which the
Melbourne City Council is the committee of
management under the Crown Land
(Reserves) Act 1978; or".
10. Revocation of reservations
10
In section 21(1) of the Docklands Act 1991, after
"under that Act" insert "(including any deemed
reservation under section 66 or 67 of this Act)".
11. Charges
(1) After section 25(4) of the Docklands Act 1991
15
insert--
"(4A) Despite sub-section (1), the Authority may
not levy charges for any matter for which the
Melbourne City Council has levied a rate or
charge.".
20
(2) After section 27(3) of the Docklands Act 1991
insert--
"(4) The Minister must obtain the written consent
of the Melbourne City Council before giving
advice under sub-section (1) in respect of a
25
rate or charge levied by the Melbourne City
Council.".
12. Transport and port facilities
In section 28(2) of the Docklands Act 1991, for
"or the Victorian Regional Channels Authority"
30
substitute ", the Victorian Regional Channels
Authority or the Melbourne City Council".
12
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 13
13. Bodies may be required to act promptly
In section 30(1) of the Docklands Act 1991 for
"Chief Administrator" substitute "Department
Head".
14. Administration of Building Act
5
Section 31 of the Docklands Act 1991 is
repealed.
15. Amendments to section 32
(1) Insert the following heading to section 32 of the
Docklands Act 1991--
10
"Docklands may become or cease to be a port".
(2) Sections 32(1)(c) and 32(1)(d) of the Docklands
Act 1991 are repealed.
(3) In section 32(2) of the Docklands Act 1991 omit
"or under the Local Government Act 1989".
15
16. Planning powers of the Authority
Section 33 of the Docklands Act 1991 is
repealed.
17. Repeal of Part 3A--municipal functions of
Authority
20
Part 3A of the Docklands Act 1991 is repealed.
18. Docklands Fund
For section 36(3)(b) of the Docklands Act 1991
substitute--
"(b) pursuant to an Order made under
25
section 62;".
19. Repeal of sections 44 and 51A
Sections 44 and 51A of the Docklands Act 1991
are repealed.
13
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 20
20. By-laws
Sections 54(1)(a), 54(1)(b), 54(1)(c) and 54(1)(m)
of the Docklands Act 1991 are repealed.
21. Regulations
(1) Insert the following heading to section 56 of the
5
Docklands Act 1991--
"Regulations".
(2) For section 56(1A) of the Docklands Act 1991
substitute--
"(1) The Governor in Council may make
10
regulations for or with respect to prescribing
any matter or thing authorised or required to
be prescribed or necessary or convenient to
be prescribed for carrying this Act into
effect.".
15
22. Substitution of Part 7
For Part 7 of the Docklands Act 1991
substitute--
'PART 7--TRANSITIONAL
Division 1--General transitional provisions
20
57. Definitions
In this Division--
"appointed day" means the date of
commencement of section 4 of the City
of Melbourne and Docklands Acts
25
(Governance) Act 2006;
"Crown Land Minister" means the
Minister for the time being
administering the Crown Land
(Reserves) Act 1978;
30
14
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 22
"Local Government Minister" means the
Minister for the time being
administering the City of Melbourne
Act 2001.
58. Sewers and drains
5
(1) On the appointed day--
(a) all public sewers and drains in the
docklands area; and
(b) all sewers and drains in and under roads
in the docklands area; and
10
(c) all works and materials relating to the
sewers and drains referred to in
paragraphs (a) and (b)--
vested in the Authority under this Act are
divested from the Authority and are deemed
15
to be vested in the Melbourne City Council
under section 198 of the Local Government
Act 1989 and are under the management and
control of the Melbourne City Council.
(2) This section does not apply to any sewers
20
and drains vested in a Minister, the Crown or
any public body other than the Authority.
59. Roads
(1) Subject to sections 36 and 37 of the Road
Management Act 2004, on the appointed
25
day all public highways in the docklands
area vested in fee simple in the Authority are
divested from the Authority and are vested in
fee simple in the Melbourne City Council.
(2) Sub-section (1) does not apply to any public
30
highway specified by the Minister (after
consulting with the Local Government
Minister) by Order published in the
Government Gazette before the appointed
day.
35
15
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 22
(3) On the appointed day, the Authority is
deemed (subject to any regulations for the
purpose of section 37(1)(c) of the Road
Management Act 2004) to be the relevant
road authority for the purposes of the Road
5
Management Act 2004 in respect of any
public highway in the docklands area that
does not vest in the Melbourne City Council
under this section.
(4) In this section "public highway" has the
10
same meaning as it has in the Local
Government Act 1989.
60. Authorised officers
Any person who immediately before the
appointed day was an authorised officer
15
under section 35H (as in force before its
repeal) is deemed to be appointed by the
Melbourne City Council under section 224
of the Local Government Act 1989 as an
authorised officer.
20
61. Rates
On and after the appointed day all rates and
charges declared by the Authority under
Part 3A (before its repeal) and not paid
before the appointed day are payable to the
25
Melbourne City Council.
62. Transitional orders
(1) The Governor in Council, on the joint
recommendation of the Minister and the
Local Government Minister, may by Order
30
provide for any matter necessary or
convenient to give effect to the return of the
docklands area to the municipal district of
the City of Melbourne.
16
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 22
(2) Without limiting the generality of sub-
section (1), an Order may provide for--
(a) the Melbourne City Council to be the
successor in law to the Authority in
relation to any matter;
5
(b) any property, income, assets, rights,
liabilities, expenses or other matters to
be apportioned, settled, transferred,
adjusted or determined, including
transfers to the Crown;
10
(c) the application, continuation, review,
amendment or revocation of existing
local laws;
(d) despite anything to the contrary in any
other Act, the substitution of the
15
Melbourne City Council as a party to
any contract or agreement entered into
by the Authority in relation to land
reserved, or to be reserved, under
Division 2 of which the Melbourne City
20
Council is, or is to be, the committee of
management;
(e) the payment of money out of the
Docklands Fund to the Melbourne City
Council or the Crown;
25
(f) transitional provisions in relation to any
act, matter or thing done or required to
be done by or in relation to the
Melbourne City Council or the
Authority.
30
(3) Sections 220S(1) and 220S(2) (except
paragraphs (h) to (j)) of the Local
Government Act 1989 apply with any
necessary modifications to an Order made
under this section.
35
17
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 22
(4) The Authority and the Melbourne City
Council must comply with any Order made
under this section.
63. Voters' roll
The Local Government Minister may direct
5
the Authority to provide information to the
Melbourne City Council on any voters' roll
which existed in relation to the docklands
area immediately before the appointed day.
64. Indemnity
10
Despite the repeal of section 35J, that section
continues to apply in relation to anything
done before the appointed day in relation to a
municipal function conferred on the
Authority.
15
65. Authority and Melbourne City Council
may enter into an agreement
(1) The Authority and Melbourne City Council
may enter into an agreement in relation to
any matter associated with the return of the
20
docklands area to the municipal district of
the City of Melbourne.
(2) An agreement made under sub-section (1)
must--
(a) provide for the prescribed matters; and
25
(b) not be inconsistent with this Part or any
Order made under this Part.
18
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 22
Division 2--Land to be reserved
66. Reservation of land for public purposes
(1) The Minister and the Crown Land Minister
on--
(a) receiving a plan of survey of certain
5
land signed by the Surveyor-General;
and
(b) being satisfied that the land described
on the plan of survey corresponds as
nearly as practicable with the land or
10
part of the land shown hatched on plan
number LEGL./06-071 lodged in the
Central Plan Office of the Department
of Sustainability and Environment--
may make a joint recommendation to the
15
Governor in Council that the land shown on
the plan of survey be reserved for public
purposes.
(2) On receiving a recommendation under sub-
section (1), the Governor in Council may, by
20
Order published in the Government Gazette,
reserve the land on the plan of survey for
public purposes.
(3) On publication of the Order under sub-
section (2) in the Government Gazette--
25
(a) if any of the land shown on the plan of
survey is vested in the Authority, the
land is--
(i) divested from the Authority; and
(ii) deemed to be unalienated Crown
30
land freed and discharged from all
limitations; and
19
551401B.I1-22/8/2006 BILL LA INTRODUCTION 22/8/2006
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 22
(iii) deemed to be temporarily reserved
under section 4(1) of the Crown
Land (Reserves) Act 1978 for
public purposes; and
(b) if any of the land shown on the plan of
5
survey is unreserved Crown land, the
land is deemed to be temporarily
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
public purposes; and
10
(c) if the Order so provides, the Melbourne
City Council is deemed to be the
committee of management under the
Crown Land (Reserves) Act 1978 of
the land shown on the plan of survey.
15
(4) This section is subject to sections 68, 69
and 70.
(5) Nothing in this section prevents the re-
reservation under this section of land which
had previously been reserved under this
20
section.
67. Surrender or divesting of land
(1) The Governor in Council, by Order
published in the Government Gazette may--
(a) require land in the docklands area that
25
is vested in the Authority to be
surrendered to the Crown;
(b) divest land in the docklands area from
the Authority.
(2) The Authority must comply with a
30
requirement under sub-section (1)(a).
20
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Act No.
Part 3--Docklands Act 1991
s. 22
(3) On--
(a) the conveyance to the Crown or the
registration of an instrument of transfer
and surrender to the Crown of land that
the Authority is required to surrender
5
under sub-section (1)(a); or
(b) the publication in the Government
Gazette of an Order under sub-section
(1)(b)--
the land concerned is deemed to be
10
unalienated Crown land and is freed and
discharged from all limitations.
(4) On the occurrence of an event described in
sub-section (3)--
(a) the land concerned is deemed to be
15
temporarily reserved under section 4(1)
of the Crown Land (Reserves) Act
1978 for public purposes; and
(b) if the Order under sub-section (1) so
provides, the Melbourne City Council
20
is deemed to be the committee of
management under the Crown Land
(Reserves) Act 1978 of that land.
(5) A power may only be exercised under sub-
section (1) on the joint recommendation of
25
the Minister and the Crown Land Minister.
(6) A joint recommendation may only be made
under sub-section (5) if the Ministers are
satisfied that the land is required for public
purposes.
30
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City of Melbourne and Docklands Acts (Governance) Act 2006
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Part 3--Docklands Act 1991
s. 22
(7) If requested by the Secretary to the
Department of Sustainability and
Environment, the Authority must provide
information to the Secretary on any
surrender of land by, or divestment of land
5
from, the Authority under this section.
(8) This section is subject to sections 68, 69
and 70.
(9) Nothing in this section prevents the re-
reservation under this section of land which
10
had previously been reserved under this
section.
68. Preservation of leases
(1) In this section "lease" includes an
agreement, licence, option to renew or other
15
interest arising under or in relation to a lease
(whether or not the lease has expired) and an
interest in the nature of a lease and "sub-
lease" has a corresponding meaning.
(2) The status or continuity of any lease of land
20
that was entered into by the Authority and
was existing immediately before the land
was reserved under section 66 or 67 is not
affected by that reservation or by the
operation of that section.
25
(3) A lease referred to in sub-section (2) has
effect--
(a) as a lease between--
(i) if the Melbourne City Council is
the committee of management of
30
the leased land, the Melbourne
City Council as lessor and the
lessee for the time being under the
lease, as if it had been assigned to
the Melbourne City Council; or
35
22
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 22
(ii) in any other case, the Crown as
lessor and the lessee for the time
being under the lease, as if it had
been assigned to the Crown; and
(b) as if it referred to the Melbourne City
5
Council or the Crown (as the case may
be) instead of to the lessor (however
described).
(4) If requested by the Melbourne City Council,
the Authority must provide to the Council
10
such information as the Council reasonably
requires on any lease for which it is to
become the lessor under this section.
(5) The status or continuity of any sub-lease
existing over the land affected by a lease
15
referred to in sub-section (2) immediately
before the land was reserved under
section 66 or 67 is not affected by that
reservation or by the operation of that
section.
20
(6) This section has effect despite anything to
the contrary in any Act or law or in a Crown
grant of the land.
(7) Nothing effected by this section is to be
regarded as placing any person in breach of
25
or as constituting a default under any
provision of a lease, including any provision
prohibiting, restricting or regulating the
assignment of the lease.
(8) Despite anything to the contrary in the
30
Crown Land (Reserves) Act 1978, if a
lease referred to in sub-section (2) ("the
original lease") ends before the term of the
lease expires, the Melbourne City Council
may grant a new lease over that land for a
35
23
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 3--Docklands Act 1991
s. 22
term up to the remaining term (including any
option to renew) of the original lease.
Note: The Melbourne City Council, as committee of
management of land reserved under the Crown
5 Land (Reserves) Act 1978, may generally
grant leases over that land for a term not
exceeding 21 years in accordance with the
Crown Land (Reserves) Act 1978.
69. Preservation of planning agreements
The status or continuity of any agreement
10
entered into by the Authority under
section 173 of the Planning and
Environment Act 1987 or section 24(2) of
this Act and existing immediately before the
reservation of land under section 66 or 67 is
15
not affected by--
(a) the reservation of that land under
section 66 or 67; or
(b) the operation of section 68 or 70.
70. Saving of rights
20
(1) The reservation of land under section 66
or 67 and the operation of those sections do
not affect any right existing over the land in
favour of a person (other than the Authority)
immediately before the date of that
25
reservation.
(2) On and from the date of reservation, any
right referred to in sub-section (1) has effect
as if it had been granted by the Crown.
(3) This section does not apply to a lease or sub-
30
lease within the meaning of section 68.
24
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City of Melbourne and Docklands Acts (Governance) Act 2006
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Part 3--Docklands Act 1991
s. 22
(4) In this section--
"right" means any easement, right in the
nature of an easement, covenant or any
other right created on a registered plan
of subdivision within the meaning of
5
the Subdivision Act 1988 or recorded
on a folio of the Register kept under the
Transfer of Land Act 1958.
71. Secretary to keep register
(1) The Secretary to the Department of
10
Sustainability and Environment must keep a
register of all rights referred to in section
70(1).
(2) The register must contain the prescribed
information.
15
(3) Any person may inspect the register on
payment of the prescribed fee (if any).
72. Agreement to extinguish right
(1) The person who is the beneficiary of a right
referred to in section 70(1) and the Crown
20
Land Minister may by agreement extinguish
the right to the extent that it applies to the
person or to land owned by that person.
(2) The Secretary to the Department of
Sustainability and Environment must record
25
the extinguishment of a right by agreement
under this section in the register kept under
section 71.
73. No compensation payable
No compensation is payable by the Crown in
30
respect of anything done or arising out of
this Division.'.
__________________
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 4--Amendment of Other Acts
s. 23
PART 4--AMENDMENT OF OTHER ACTS
23. Amendment of the Congestion Levy Act 2005
In Schedule 1 to the Congestion Levy Act 2005
omit "and the Docklands Area".
24. Amendment of the Emergency Management
5
Act 1986
Section 4(3) of the Emergency Management Act
1986 is repealed.
25. Amendment of the Environment Protection
Act 1970
10
(1) Section 4(3B) of the Environment Protection
Act 1970 is repealed.
(2) Section 50S(6) of the Environment Protection
Act 1970 is repealed.
26. Amendment of the Melbourne City Link Act 1995
15
(1) Section 103(4) of the Melbourne City Link Act
1995 is repealed.
(2) Section 104(4) of the Melbourne City Link Act
1995 is repealed.
27. Amendment of the Metropolitan Fire Brigades
20
Act 1958
(1) Section 3(2) of the Metropolitan Fire Brigades
Act 1958 is repealed.
(2) Section 4(2A) of the Metropolitan Fire Brigades
Act 1958 is repealed.
25
28. Amendment of the Public Holidays Act 1993
Section 3(3) of the Public Holidays Act 1993 is
repealed.
26
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Part 4--Amendment of Other Acts
s. 29
29. Amendment of the Road Management Act 2004
In section 3(1) of the Road Management Act
2004, paragraph (c) of the definition of "relevant
road Minister" is repealed.
30. Amendment of the Victoria Grants Commission
5
Act 1976
Section 2(2) of the Victoria Grants Commission
Act 1976 is repealed.
27
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City of Melbourne and Docklands Acts (Governance) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
28
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