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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Land (Reservations and other Matters) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--REVOCATION OF RESERVATIONS 3
3. Revocation of reservation--Spargo Creek land 3
4. Revocation of reservation--Leneva land 3
5. Revocation of reservation--Leongatha South land (Mechanics'
Institute) 3
6. Revocation of reservation--Leonard's Hill land 3
7. Consequences of revoking reservations 3
PART 3--POINT HENRY LAND 4
8. Revocation of reservations--Point Henry land 4
9. Consequences of revoking reservations 4
10. Leases to continue despite revocation of reservations 4
PART 4--WALHALLA LAND 5
11. Application of Part 5
12. Definition 5
13. Governor in Council may make Order relating to Walhalla land 5
14. Revocation of reservation and re-reservation of land 6
PART 5--UNIVERSITY SQUARE LAND 8
15. Definitions 8
16. Application 8
17. Revocation of reservation of stratum of land underground and
ancillary land 8
18. Effect of Order 10
19. Powers to lease car park land 11
20. Power to enter and use land despite remaining reservation 13
PART 6--GENERAL 14
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Clause Page
21. Registrar of Titles to make necessary amendments 14
__________________
SCHEDULES 15
SCHEDULE 1--Land in respect of which reservations are revoked 15
SCHEDULE 2--Plan of Leneva land 19
SCHEDULE 3--Plan of Point Henry land--southern portion 20
SCHEDULE 4--University Square land 21
NOTES 22
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532202B.I1-20/4/99
PARLIAMENT OF VICTORIA
A BILL
to provide for the revocation of the reservations over certain pieces of
land, to provide for the re-reservation of certain land and for other
purposes.
Land (Reservations and other Matters)
Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to revoke reservations over certain pieces of
5 land;
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Act No.
(b) to provide for the re-reservation of certain
land in the township of Walhalla and at
Carlton.
2. Commencement
5 This Act comes into operation on the day on
which it receives the Royal Assent.
_______________
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Act No.
PART 2--REVOCATION OF RESERVATIONS
3. Revocation of reservation--Spargo Creek land
The Order in Council specified in item 1 of
Schedule 1 is revoked.
5 4. Revocation of reservation--Leneva land
The Order in Council specified in item 2 of
Schedule 1 is revoked to the extent that it applies
to the land shown hatched on the plan in
Schedule 2.
10 5. Revocation of reservation--Leongatha South land
(Mechanics' Institute)
The Order in Council specified in item 3 of
Schedule 1 is revoked.
6. Revocation of reservation--Leonard's Hill land
15 The Order in Council specified in item 4 of
Schedule 1 is revoked.
7. Consequences of revoking reservations
On the revocation under this Part of an Order in
Council reserving land--
20 (a) that land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
25 management of that land is revoked to the
extent that it relates to that land; and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
30 land.
_______________
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Land (Reservations and other Matters) Act 1999
s. 8
Act No.
PART 3--POINT HENRY LAND
8. Revocation of reservations--Point Henry land
(1) The Order in Council specified in item 5 of
Schedule 1 is revoked to the extent described in
5 that item.
(2) The Order in Council specified in item 6 of
Schedule 1 is revoked to the extent that it applies
to the land shown hatched on the plan in
Schedule 3.
10 9. Consequences of revoking reservations
On the revocation under this Part of an Order in
Council reserving land--
(a) that land is deemed to be unalienated land of
the Crown, freed and discharged from all
15 trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
20 (c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
10. Leases to continue despite revocation of reservations
25 Nothing in this Part affects the continued
existence of any lease existing immediately before
the commencement of this Part in relation to the
land specified in items 5 and 6 of Schedule 1.
_______________
30
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Land (Reservations and other Matters) Act 1999
s. 11
Act No.
PART 4--WALHALLA LAND
11. Application of Part
This Part has effect despite anything to the
contrary in the Crown Land (Reserves) Act 1978
5 or any other Act or law.
12. Definition
In this Part, "lodged plan" means the plan
numbered LEGL./9924 lodged in the Central
Plan Office of the Department of Natural
10 Resources and Environment.
13. Governor in Council may make Order relating to
Walhalla land
(1) The Minister administering the Crown Land
(Reserves) Act 1978--
15 (a) on receiving a plan of survey signed by the
Surveyor-General of a portion of the land
bordered red on the lodged plan or that land
as nearly as practicable which is to be
reserved for the purpose of the conservation
20 of an area of historic interest; and
(b) on being satisfied that the land described in
the plan of survey relates to no land other
than a portion of the land bordered red on the
lodged plan or that land as nearly as
25 practicable which is suitable to be reserved
for the purpose of the conservation of an area
of historic interest--
may recommend to the Governor in Council--
(c) that the Order in Council specified in item 7
30 of Schedule 1 be revoked to the extent
described in that item; and
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(d) that the land shown in the plan of survey be
reserved for the purpose of the conservation
of an area of historic interest.
(2) The Governor in Council may make the Order
5 recommended in sub-section (1).
(3) An Order under sub-section (2) must include a
copy of the plan of survey of the land to which the
Order applies.
14. Revocation of reservation and re-reservation of land
10 On publication in the Government Gazette of an
Order under section 13--
(a) the Order in Council specified in item 7 of
Schedule 1 is revoked to the extent
described in that item and--
15 (i) that land is deemed to be unalienated
land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests;
20 and
(ii) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land;
and
25 (iii) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to
that land; and
(b) the land shown on the plan of survey is
30 deemed to be permanently reserved under
section 4 of the Crown Land (Reserves)
Act 1978 for the purpose of the conservation
of an area of historic interest.
_______________
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Land (Reservations and other Matters) Act 1999
s. 15
Act No.
PART 5--UNIVERSITY SQUARE LAND
15. Definitions
In this Part--
"car park land" means the land shown on the
5 plan of survey to which the Order made
under section 17 applies;
"plan of survey" means the plan of survey
referred to in section 17;
"stratum" means a part of land consisting of a
10 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;
"University Square reserve" means the land
described in items 8 of and 9 of Schedule 1.
15 16. Application
This Part has effect despite anything to the
contrary in the Land Act 1958, the Crown Land
(Reserves) Act 1978 or any other Act or law.
17. Revocation of reservation of stratum of land
20 underground and ancillary land
(1) The Minister administering the Crown Land
(Reserves) Act 1978--
(a) on receiving a plan of survey signed by the
Surveyor-General of--
25 (i) a stratum consisting of a space below
the surface of any of the land shown
hatched and any of the land shown
cross-hatched on the plan in Schedule 4
or that land as nearly as practicable, to
30 be used for an underground car park;
and
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Act No.
(ii) any other parts of the land shown
hatched and any other parts of the land
shown cross-hatched on the plan in
Schedule 4 or that land as nearly as
5 practicable (whether above, below or
on the surface of the land and shown on
the plan of survey) that the Minister is
satisfied are necessary for the
construction of structures ancillary to
10 the car park, including but not limited
to, air vents and pedestrian and vehicle
access to the car park; and
(b) on being satisfied that the land described in
the plan of survey relates to no other land
15 than the land shown hatched and the land
shown cross-hatched on the plan in
Schedule 4 or that land as nearly as
practicable--
may recommend to the Governor in Council
20 that--
(c) the Orders in Council specified in items 8
and 9 of Schedule 1 be revoked to the extent
that they apply to the land shown on the plan
of survey; and
25 (d) if any part of the land shown on the plan of
survey is or is being used as a road, that part
of the land ceases to be a road.
(2) The Governor in Council may make the Order
recommended in sub-section (1).
30 (3) An Order under sub-section (2) must include a
copy of the plan of survey of the land to which the
Order applies.
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Land (Reservations and other Matters) Act 1999
s. 18
Act No.
18. Effect of Order
On publication in the Government Gazette of an
Order under section 17--
(a) the Orders in Council specified in items 8
5 and 9 of Schedule 1 are revoked to the extent
that they apply to the car park land; and
(b) Crown grant Volume 600 Folio 912 is
revoked to the extent that it applies to the car
park land; and
10 (c) the car park land is deemed to be unalienated
land of the Crown, freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
15 (d) if any part of the car park land is or is being
used as a road, that part of the land ceases to
be a road and all rights, easements and
privileges existing or claimed in it, either in
the public or by any body or person as
20 incident to any express or implied grant or
past dedication or supposed dedication or by
user or operation of law or otherwise, cease;
and
(e) the appointment of any committee of
25 management of any part of the car park land
is revoked to the extent that it relates to that
land; and
(f) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
30 revoked to the extent that they apply to the
car park land; and
(g) the car park land is deemed to be
permanently reserved for public purposes
(car park) under section 4 of the Crown
35 Land (Reserves) Act 1978; and
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Land (Reservations and other Matters) Act 1999
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(h) the Melbourne City Council is deemed to be
appointed under section 14(2) of the Crown
Land (Reserves) Act 1978 as the committee
of management of the car park land for the
5 purposes of that Act.
19. Powers to lease car park land
(1) The committee of management of the car park
land may grant a lease of that land or part of that
land for the purposes of an underground car park.
10 (2) The committee of management must not grant a
lease under sub-section (1) unless the Minister
administering the Crown Land (Reserves) Act
1978 has, in writing to the committee, approved
the granting of the lease.
15 (3) The Minister must not approve the granting of a
lease under sub-section (1) unless the Minister is
satisfied that, to the extent that the lease applies to
a stratum of land--
(a) the lessee for the time being under the lease
20 can obtain reasonable access to the use of the
land to be leased; and
(b) the granting of the lease will not interfere
with the exercise of rights by the registered
proprietor, lessee or licensee of other land;
25 and
(c) provision has been made (in the lease or
otherwise) for any necessary rights of
support of the stratum or other land or of any
building or structure erected or to be erected
30 on those lands; and
(d) provision has been made (in the lease or
otherwise) for any necessary rights of
passage or provision of services (including
drainage, sewerage, or the supply of water,
35 gas, electricity or communications systems)
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to or through the stratum, where those rights
are reasonably necessary for the reasonable
enjoyment of the stratum or other land; and
(e) if the surface of the land above the stratum is
5 a road, the exercise of any of the lessee's
rights or obligations under the lease will not
interfere with the public use of that land as a
road.
(4) A lease granted under sub-section (1) may be for a
10 term not exceeding 50 years.
(5) A lease granted under sub-section (1)--
(a) may contain provision for the term of the
lease to be extended one or more times, but
the aggregate of the initial term and any
15 extensions of the term must not exceed
50 years; and
(b) may contain provision for a lessee to remain
in occupation of the land under the same
terms and conditions as existed under the
20 lease, at the discretion of the lessor, for a
period of not more than 3 months from the
expiry of the lease; and
(c) is subject to any covenants, exceptions,
reservations and conditions that are
25 determined by the committee of management
and approved in writing by the Minister.
(6) If there is no committee of management of the car
park land, the Minister administering the Crown
Land (Reserves) Act 1978 may grant a lease of
30 the car park land in accordance with this section,
subject to any covenants, exceptions, reservations
and conditions that are determined by the
Minister.
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Land (Reservations and other Matters) Act 1999
s. 20
Act No.
20. Power to enter and use land despite remaining
reservation
(1) If a lease of the car park land is granted under the
this Part, the lessee, its servants or agents may
5 enter and use the University Square reserve for the
purposes of--
(a) carrying out the construction of an
underground car park on the car park land;
and
10 (b) carrying out the construction of structures
ancillary to the car park on the car park land;
and
(c) the alteration, repair, maintenance and
removal of that car park or those
15 structures--
in accordance with that lease.
(2) Sub-section (1) does not apply unless written
consent to the entry or use has been obtained
from--
20 (a) the committee of management of the
University Square reserve; or
(b) if there is no such committee of
management, the trustees of the University
Square reserve; or
25 (c) if there is no committee of management or
trustee, the Minister administering the
Crown Land (Reserves) Act 1978.
(3) This section applies despite anything to the
contrary in the Orders in Council specified in
30 items 8 and 9 of Schedule 1.
_______________
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Land (Reservations and other Matters) Act 1999
s. 21
Act No.
PART 6--GENERAL
21. Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings
in or amendments to the Register under the
5 Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Act.
__________________
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Land (Reservations and other Matters) Act 1999
Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
LAND IN RESPECT OF WHICH RESERVATIONS ARE
REVOKED
5 Item 1--Spargo Creek land
Situation and area of land: Parish of Moorabool West, County of
Bourke, being 7082 square metres, being
Allotment 5A, Section 14.
Instrument and date of Order in Council dated 24 July 1876.
reservation:
Description of land by Government Gazettes dated 26 June 1876,
reference to Government page 1188 and 28 July 1876, page 1382.
Gazette:
Purpose of reservation: Site for Public purposes.
Extent of revocation: The entire reserve.
Item 2--Leneva land
Situation and area of land: Parish of Baranduda, County of Bogong,
being 195 square metres, being part of
Section 24.
Instrument and date of Order in Council dated 23 May 1881.
reservation:
Description of land by Government Gazettes dated 4 March 1881,
reference to Government page 691 and 27 May 1881, page 1389.
Gazette:
Purpose of reservation: Site for Public purposes.
Extent of revocation: Land shown hatched on the plan in
Schedule 2.
Item 3--Leongatha South land (Mechanics' Institute)
Situation and area of land: Parish of Leongatha, County of Buln Buln,
being 2023 square metres, being Allotment
81D.
Instrument and date of Order in Council dated 8 July 1902.
reservation:
Description of land by Government Gazettes dated 4 June 1902,
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Sch. 1
Act No.
reference to Government page 1990 and 16 July 1902, page 3099.
Gazette:
Purpose of reservation: Site for a Mechanics' Institute.
Extent of revocation: The entire reserve.
Item 4--Leonard's Hill land
Situation and area of land: Parish of Wombat, County of Talbot,
being 3237 square metres, being Allotment
11N Section 4A.
Instrument and date of Order in Council dated 27 October 1890.
reservation:
Description of land by Government Gazettes dated 26 September
reference to Government 1890, page 3857 and 31 October 1890,
Gazette: page 4274.
Purpose of reservation: Site for Watering purposes.
Extent of revocation: The entire reserve.
Item 5--Point Henry land
Situation and area of land: Parish of Moolap, County of Grant.
Instrument and date of Order in Council dated 26 May 1873.
reservation:
Description of land by Government Gazettes dated 15 November
reference to Government 1872, page 2086 and 13 June 1873,
Gazette: page 1059.
Purpose of reservation: Site for Public purposes.
Extent of revocation: The area being the portion remaining
between high water mark and the
boundaries of Allotments 16 and 17 of
Section 1, Allotments 2A, 3, 4, 7, 8 and 11
and bounded on the north by the north-
easterly prolongation of the north-western
boundary of Allotment 16, Section 1 and
on the south by the north-easterly
prolongation of the south-eastern boundary
of Allotment 11.
5 Item 6--Point Henry land--Southern portion
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Land (Reservations and other Matters) Act 1999
Sch. 1
Act No.
Situation and area of land: Parish of Moolap, County of Grant, being
3490 square metres.
Instrument and date of Order in Council dated 26 May 1873.
reservation:
Description of land by Government Gazettes 15 November 1872,
reference to Government page 2086 and 13 June 1873, page 1059.
Gazette:
Purpose of reservation: Site for Public purposes.
Extent of revocation: The area shown hatched on the plan in
Schedule 3.
Item 7--Walhalla land
Situation and area of land: Township of Walhalla, Parish of Walhalla,
County of Tanjil.
Instrument and date of Order in Council dated 23 May 1881.
reservation:
Description of land by Government Gazettes dated 25 February
reference to Government 1881, page 587 and 27 May 1881,
Gazette: page 1389.
Purpose of reservation: Site for Public purposes.
Extent of revocation: The bed and banks and the Crown land
adjoining either bank of Stringers Creek,
Stringers Creek Western Branch and
Stringers Creek Eastern Branch within the
Township of Walhalla.
Item 8--University Square land
Situation and area of land: Parish of Jika Jika, County of Bourke,
being 1·42 hectares, being Allotment 1,
Section 71A, being University Square.
Instrument and date of Order in Council dated 1 April 1867.
reservation:
Description of land by Government Gazette dated 9 April 1867,
reference to Government page 698.
Gazette:
Purpose of reservation: Site for Ornamental purposes.
Item 9--University Square land
Situation and area of land: Parish of Jika Jika, County of Bourke,
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Land (Reservations and other Matters) Act 1999
Sch. 1
Act No.
being 1·42 hectares, being Allotment 1,
Section 71A, being University Square.
Instrument and date of Order in Council dated 9 June 1873.
reservation:
Description of land by Government Gazette dated 13 June 1873,
reference to Government page 1059.
Gazette:
Particulars of Crown grant Crown grant Volume 600 Folio 912.
Purpose of reservation: University Square.
_______________
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Land (Reservations and other Matters) Act 1999
Sch. 2
Act No.
SCHEDULE 2
PLAN OF LENEVA LAND
_______________
5
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Land (Reservations and other Matters) Act 1999
Sch. 3
Act No.
SCHEDULE 3
PLAN OF POINT HENRY LAND--SOUTHERN PORTION
_______________
5
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Land (Reservations and other Matters) Act 1999
Sch. 4
Act No.
SCHEDULE 4
UNIVERSITY SQUARE LAND
5
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Land (Reservations and other Matters) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Land (Reservations and other Matters) Act 1999
Act No.
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