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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Land (Miscellaneous) Act 2004
Victorian Legislation and Parliamentary Documents
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 reservations and Crown grant--Former Kyneton
Hospital site land 3
4. Revocation of reservation and Crown grant--Sandhurst reservoir
land 3
5. Revocation of reservation and Crown grant--Birrarung Marr
land 3
6. Re-reservation of part of Birrarung Marr land 4
7. Revocation of reservation--Fawkner Crematorium and Memorial
Park land 4
8. Revocation of reservation--Queenscliff land 4
9. Consequences of revoking reservations 4
10. Registrar of Titles to make necessary amendments 5
PART 3--MELBOURNE CRICKET GROUND STRATUM OF
LAND 6
11. Definition of "Ground" substituted in Melbourne Cricket
6
Ground Act 1933
12. New section 11E inserted into Melbourne Cricket Ground
6
Act 1933
11E. Stratum to be added to Melbourne Cricket Ground
(Southern Stand) 6
13. Amendment of Melbourne Cricket Ground Trust Act 1989 7
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Clause Page
SCHEDULES 8
SCHEDULE 1--Land in respect of which reservations are revoked 8
Victorian Legislation and Parliamentary Documents
SCHEDULE 2--Plan of Sandhurst reservoir land 12
SCHEDULE 3--Plan of Fawkner Crematorium and Memorial Park Land 13
SCHEDULE 4--Plan of Queenscliff Land 14
ENDNOTES 15
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PARLIAMENT OF VICTORIA
Initiated in Assembly 31 March 2004
Victorian Legislation and Parliamentary Documents
A BILL
to revoke the reservations and Crown grants relating to certain land, to
amend the Melbourne Cricket Ground Act 1933 to provide for the
reservation of a stratum of land, to consequentially amend the
Melbourne Cricket Ground Trust Act 1989 and for other purposes.
Land (Miscellaneous) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to revoke the reservations and Crown grants
5 relating to certain land; and
551155B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
1
Land (Miscellaneous) Act 2004
Act No.
Part 1--Preliminary
s. 2
(b) to amend the Melbourne Cricket Ground
Act 1933 to provide for the reservation of a
stratum of land at the Melbourne Cricket
Victorian Legislation and Parliamentary Documents
Ground and to consequentially amend the
5 Melbourne Cricket Ground Trust Act
1989.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Land (Miscellaneous) Act 2004
Act No.
Part 2--Revocation of Reservations
s. 3
PART 2--REVOCATION OF RESERVATIONS
Victorian Legislation and Parliamentary Documents
3. Revocation of reservations and Crown grant--
Former Kyneton Hospital site land
(1) The Orders in Council specified in items 1 and 2
5 of Schedule 1 are revoked.
(2) Crown grant Volume 2129 Folio 741 is revoked.
(3) Crown grant Volume 2462 Folio 254 is revoked.
4. Revocation of reservation and Crown grant--
Sandhurst reservoir land
10 (1) The Order in Council specified in item 3 of
Schedule 1 is revoked to the extent that it applies
to the land shown hatched in the plan in
Schedule 2.
(2) Crown grant Volume 2614 Folio 760 is revoked to
15 the extent that it applies to the land shown hatched
in the plan in Schedule 2.
5. Revocation of reservation and Crown grant--
Birrarung Marr land
(1) The Order in Council specified in item 4 of
20 Schedule 1 is revoked to the extent that it applies
to the land shown hatched and being Crown
Allotment 2035 on plan LEG./04021 lodged in
the Central Plan Office of the Department of
Sustainability and Environment.
25 (2) The Order in Council specified in items 5 and 6 of
Schedule 1 is revoked to the extent that it applies
to the land shown hatched and being Crown
Allotment 2036 and Crown Allotment 2037 on
plan LEG./04021 lodged in the Central Plan
30 Office of the Department of Sustainability and
Environment.
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Land (Miscellaneous) Act 2004
Act No.
Part 2--Revocation of Reservations
s. 6
(3) Crown grant Volume 600 Folio 903 is revoked to
the extent that it applies to the land shown hatched
and being Crown Allotments 2035, 2036 and 2037
Victorian Legislation and Parliamentary Documents
on plan LEG./04021 lodged in the Central Plan
5 Office of the Department of Sustainability and
Environment.
6. Re-reservation of part of Birrarung Marr land
On the revocation of the reservation referred to in
section 5(2), that land is deemed to be temporarily
10 reserved for public purposes under section 4(1) of
the Crown Land (Reserves) Act 1978.
7. Revocation of reservation--Fawkner Crematorium
and Memorial Park land
The reservation by virtue of section 86(1)(b) of
15 the Cemeteries Act 1958 of the land described in
item 7 of Schedule 1 is revoked to the extent that
it applies to the land shown hatched in the plan in
Schedule 3.
8. Revocation of reservation--Queenscliff land
20 The Order in Council specified in item 8 of
Schedule 1 is revoked to the extent that it applies
to the land shown hatched in the plan in
Schedule 4.
9. Consequences of revoking reservations
25 Subject to section 6, on the revocation of a
reservation of land under this Part--
(a) that land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
30 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
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Land (Miscellaneous) Act 2004
Act No.
Part 2--Revocation of Reservations
s. 10
(c) in relation to the land shown hatched in the
plan in Schedule 3, the trustees appointed
under the Cemeteries Act 1958 in respect of
Victorian Legislation and Parliamentary Documents
that land cease to be trustees of that land; and
5 (d) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
10. Registrar of Titles to make necessary amendments
10 The Registrar of Titles must make any recordings
in or amendments to the Register under the
Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Part.
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Land (Miscellaneous) Act 2004
Act No.
Part 3--Melbourne Cricket Ground Stratum of Land
s. 11
PART 3--MELBOURNE CRICKET GROUND STRATUM OF
LAND
Victorian Legislation and Parliamentary Documents
11. Definition of "Ground" substituted in Melbourne
Cricket Ground Act 1933
5 See: In section 2 of the Melbourne Cricket Ground
Act No.
Act 1933, for the definition of "Ground"
4149.
Reprint No. 2 substitute--
as at
1 July 2003.
' "Ground" means the land for the time being
LawToday:
reserved or deemed to be reserved under the
www.dms.
dpc.vic.
10 Order in Council dated 20 February 1934
gov.au
and referred to in Crown grant Volume 5925
Folio 1184828;'.
12. New section 11E inserted into Melbourne Cricket
Ground Act 1933
15 After section 11D of the Melbourne Cricket
Ground Act 1933 insert--
'11E. Stratum to be added to Melbourne
Cricket Ground (Southern Stand)
(1) In this section, "relevant stratum" means
20 the stratum of land being Crown Allotment
1C, Section 19C at East Melbourne, City of
Melbourne, Parish of Melbourne North as
shown on CP 116714 and lodged in the
Central Plan Office of the Department of
25 Sustainability and Environment.
(2) This section has effect despite anything to
the contrary in the Crown Land (Reserves)
Act 1978 or any other Act or law.
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Land (Miscellaneous) Act 2004
Act No.
Part 3--Melbourne Cricket Ground Stratum of Land
s. 13
(3) On the commencement of the Land
(Miscellaneous) Act 2004, the relevant
stratum--
Victorian Legislation and Parliamentary Documents
(a) is deemed to be permanently reserved
5 under section 4(1) of the Crown Land
(Reserves) Act 1978 as a Site for the
Melbourne Cricket Ground; and
(b) is deemed to be included in, and form
part of, the land reserved under the
10 Order in Council dated 20 February
1934 and referred to in Crown grant
Volume 5925 Folio 1184828.
(4) The Registrar of Titles is authorised and
directed to make any entries in the Register
15 that are necessary to give effect to this
section.'.
13. Amendment of Melbourne Cricket Ground Trust
Act 1989
See:
Section 10(5) of the Melbourne Cricket Ground Act No.
20 Trust Act 1989 is repealed. 70/1989.
LawToday:
www.dms.
dpc.vic.
gov.au
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Land (Miscellaneous) Act 2004
Act No.
Sch. 1
SCHEDULES
Victorian Legislation and Parliamentary Documents
SCHEDULE 1
LAND IN RESPECT OF WHICH RESERVATIONS ARE
REVOKED
Item 1--Former Kyneton Hospital site land
Situation and area of land: County of Dalhousie, Parish of Lauriston,
being 2 hectares, being Crown
Allotment 2, Section 40.
Instrument and date of Order in Council dated 8 July 1867.
reservation:
Description of land by Government Gazette 13 August 1867,
reference to Government page 1484.
Gazette:
Crown grant details Volume 2129 Folio 741.
Purpose of reservation: Site for Hospital purposes.
Extent of revocation: The entire reserve.
Item 2--Former Kyneton Hospital site land
Situation and area of land: County of Dalhousie, Parish of Lauriston,
being 0·4 hectares, being Crown
Allotment 1, Section 40A.
Instrument and date of Order in Council dated 28 October 1889.
reservation:
Description of land by Government Gazettes dated 27 September
reference to Government 1889, page 3254 and 1 November 1889,
Gazette: page 3751.
Crown grant details Volume 2462 Folio 254.
Purpose of reservation: Site for Hospital purposes.
Extent of revocation: The entire reserve.
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Act No.
Sch. 1
Item 3--Sandhurst reservoir land
Situation and area of land: Parishes of Lockwood and Mandurang,
Victorian Legislation and Parliamentary Documents
being 1770 hectares more or less, less
authorised excisions.
Instrument and date of Order in Council dated 16 January 1883.
reservation:
Description of land by Government Gazettes dated 8 December
reference to Government 1882, page 2833 and 19 January 1883,
Gazette: page 96.
Crown grant details Volume 2614 Folio 760.
Purpose of reservation: Site for Victorian Water Supply purposes.
Extent of revocation: The land shown hatched on the plan in
Schedule 2.
Item 4--Birrarung Marr land
Situation and area of land: County of Bourke, Parish of Melbourne
North, City of Melbourne, being
20·39 hectares less authorised excisions.
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 1058.
Gazette:
Crown grant details Volume 600 Folio 903.
Purpose of reservation: Site for Flinders Park (Melbourne).
Extent of revocation: The land shown hatched and being Crown
Allotment 2035 (being 160 square metres)
on plan LEG./04021 lodged in the Central
Plan Office of the Department of
Sustainability and Environment.
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Land (Miscellaneous) Act 2004
Act No.
Sch. 1
Item 5--Birrarung Marr land
Situation and area of land: County of Bourke, Parish of Melbourne
Victorian Legislation and Parliamentary Documents
North, City of Melbourne, being
20·39 hectares less authorised excisions.
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 1058.
Gazette:
Crown grant details Volume 600 Folio 903.
Purpose of reservation: Site for Flinders Park (Melbourne).
Extent of revocation: The land shown hatched and being Crown
Allotment 2036 (being 2427 square
metres) on plan LEG./04021 lodged in
the Central Plan Office of the Department
of Sustainability and Environment.
Item 6--Birrarung Marr land
Situation and area of land: County of Bourke, Parish of Melbourne
North, City of Melbourne, being
20·39 hectares less authorised excisions.
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 1058.
Gazette:
Crown grant details Volume 600 Folio 903.
Purpose of reservation: Site for Flinders Park (Melbourne).
Extent of revocation: The land shown hatched and being Crown
Allotment 2037 (being 3428 square
metres) on plan LEG./04021 lodged in
the Central Plan Office of the Department
of Sustainability and Environment.
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Land (Miscellaneous) Act 2004
Act No.
Sch. 1
Item 7--Fawkner Crematorium and Memorial Park land
Situation and area of land: Parish of Will-will-rook, being
Victorian Legislation and Parliamentary Documents
152·9 hectares less authorised excisions.
Instrument of reservation: Section 86(1)(b) of the Cemeteries Act
1958.
Purpose of reservation: A place for the interment of the dead.
Extent of revocation: The land shown hatched in the plan in
Schedule 3.
Item 8--Queenscliff land
Situation and area of land: County of Grant, Parish of Paywit,
Township of Queenscliff, being 2 hectares.
Instrument and date of Order in Council dated 30 March 1931.
reservation:
Description of land by Government Gazettes dated 18 February
reference to Government 1931, page 577 and 1 April 1931,
Gazette: page 1076.
Purpose of reservation: Site for Public purposes.
Extent of revocation: The land shown hatched in the plan in
Schedule 4.
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Land (Miscellaneous) Act 2004
Act No.
Sch. 2
SCHEDULE 2
Victorian Legislation and Parliamentary Documents
PLAN OF SANDHURST RESERVOIR LAND
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Land (Miscellaneous) Act 2004
Act No.
Sch. 3
SCHEDULE 3
Victorian Legislation and Parliamentary Documents
PLAN OF FAWKNER CREMATORIUM AND MEMORIAL
PARK LAND
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Land (Miscellaneous) Act 2004
Act No.
Sch. 4
SCHEDULE 4
Victorian Legislation and Parliamentary Documents
PLAN OF QUEENSCLIFF LAND
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Land (Miscellaneous) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
15
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