Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Land (St Kilda Triangle) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 2
2. Commencement 2
3. Definitions 2
4. Revocation of permanent reservation and Crown Grant 3
5. Revocation of temporary reservation 3
6. Closure of Lower Esplanade as a road 4
7. Reservation of St Kilda triangle land for public purposes 4
8. Revocation and re-reservation of St Kilda land for overpass 4
9. Reservation of other St Kilda land for public purposes 7
10. Temporary reservation may be amended or revoked 7
11. Application of other laws 7
12. Powers to lease St Kilda triangle land 7
13. Registrar of Titles to make necessary amendments 9
__________________
SCHEDULES 10
SCHEDULE 1--Land in Respect of which Reservations are Revoked 10
SCHEDULE 2--Plan of Land--Lower Esplanade 11
SCHEDULE 3--Plan of Land--St Kilda Triangle 12
SCHEDULE 4--Land in Respect of which Reservation is Partly
Revoked 13
SCHEDULE 5--Plan of Land--St Kilda Esplanade 14
ENDNOTES 15
i
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
PARLIAMENT OF VICTORIA
A BILL
to provide for the revocation of reservations over certain land at
St Kilda and to re-reserve that land and reserve other land at St Kilda
for public purposes, to provide for the Port Phillip City Council to be
the committee of management of that land and to provide leasing
powers over part of that land and for other purposes.
Land (St Kilda Triangle) Act 2006
Preamble
Further development is being proposed for certain
land near the St Kilda foreshore.
In order for the development to proceed it is
necessary for that land, which consists of reserved
land and other Crown land, to be reserved for
public purposes and for the land to be capable of
being leased for longer periods than those set out
in the Crown Land (Reserves) Act 1978.
It is also proposed that the Port Phillip City
Council be the committee of management of the
reserved land.
1
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
s. 1
Act No.
The Parliament of Victoria therefore enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to revoke the reservations of certain land at
St Kilda; and
(b) to re-reserve that land and to reserve other
5
land at St Kilda for public purposes; and
(c) to provide for the Port Phillip City Council
to be the committee of management of the
reserved land; and
(d) to provide powers to lease part of the
10
reserved land.
2. Commencement
(1) 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 July 2007, it comes into
operation on that day.
3. Definitions
In this Act--
"stratum" means a part of land consisting of a
20
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;
"the St Kilda triangle land" means--
(a) the land temporarily reserved for public
25
purposes under section 7; and
(b) the land temporarily reserved for public
purposes under section 8.
2
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
s. 4
Act No.
4. Revocation of permanent reservation and Crown
Grant
(1) The Order in Council specified in item 1 of
Schedule 1 is revoked.
(2) Crown Grant Volume 2242 Folio 244 is revoked.
5
(3) On the revocation of the reservation of land under
sub-section (1)--
(a) the land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
10
encumbrances, estates and interests; and
(b) the appointment of any committee of
management is revoked to the extent that it
applies to the land; and
(c) any regulations under section 13 of the
15
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to the
land.
5. Revocation of temporary reservation
(1) The Order in Council specified in item 2 of
20
Schedule 1 is revoked.
(2) On the revocation of the reservation of land under
sub-section (1)--
(a) the land is deemed to be unalienated land of
the Crown, freed and discharged from all
25
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
management of the land is revoked to the
extent that it applies to the land; and
30
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to the
land.
3
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
s. 6
Act No.
6. Closure of Lower Esplanade as a road
On the commencement of this section, the land
shown hatched on the plan in Schedule 2--
(a) ceases to be a road and all rights, easements
and privileges existing or claimed in the land
5
either in the public or by any body or person
as incident to any express or implied grant,
or past dedication or supposed dedication or
by user or operation of law or otherwise,
cease; and
10
(b) is deemed to be unalienated land of the
Crown, freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests.
7. Reservation of St Kilda triangle land for public
15
purposes
(1) The land shown hatched on the plan in Schedule 3
is deemed to be temporarily reserved under
section 4(1) of the Crown Land (Reserves) Act
1978 for public purposes.
20
(2) The Port Phillip City Council is deemed to be the
committee of management under the Crown
Land (Reserves) Act 1978 of the land.
8. Revocation and re-reservation of St Kilda land for
overpass
25
(1) The Minister on--
(a) receiving a plan of survey of certain land
signed by the Surveyor-General; and
(b) being satisfied that the land described on the
plan of survey forms part of one of the
30
2 areas of land shown cross-hatched on the
plan in Schedule 3--
may recommend to the Governor in Council
that--
4
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
s. 8
Act No.
(c) if any part of the land shown on the plan of
survey forms part of the foreshore land, the
reservation of the foreshore land be revoked
as to that part; and
(d) if any part of the land shown in the plan of
5
survey is or is being used as a road, that part
of the land shown in the plan of survey cease
to be a road; and
(e) the land shown on the plan of survey be
reserved for public purposes.
10
(2) On receiving the Minister's recommendation, the
Governor in Council may, by Order published in
the Government Gazette--
(a) revoke the Order in Council specified in
Schedule 4 to the extent that it applies to any
15
part of the land shown on the plan of survey;
and
(b) reserve the land on the plan of survey for
public purposes.
(3) On publication of the Order under sub-section (2)
20
in the Government Gazette--
(a) any part of the land shown on the plan of
survey that forms part of the foreshore land
is deemed to be unalienated land of the
Crown, freed and discharged from all trusts,
25
limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
management of the foreshore land is revoked
to the extent that it applies to the part of the
30
foreshore land shown on the plan of survey;
and
5
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
s. 8
Act No.
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to the
part of the foreshore land shown on the plan
of survey; and
5
(d) if any part of the land shown on the plan of
survey is or is being used as a road--
(i) that part of the land ceases to be a road;
and
(ii) all rights, easements and privileges
10
existing or claimed in that part of the
land either in the public or by any body
or person as incident to any express or
implied grant or past dedication or
supposed dedication or by user or
15
operation of law or otherwise, cease;
and
(e) the land shown on the plan of survey is
deemed to be temporarily reserved under
section 4(1) of the Crown Land (Reserves)
20
Act 1978 for public purposes; and
(f) the Port Phillip 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.
25
(4) In this section--
"land" includes a stratum of land;
"the foreshore land" means the land described in
Schedule 4.
6
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
s. 9
Act No.
9. Reservation of other St Kilda land for public
purposes
(1) The land shown hatched on the plan in Schedule 5
is deemed to be temporarily reserved under
section 4(1) of the Crown Land (Reserves) Act
5
1978 for public purposes.
(2) The Port Phillip City Council is deemed to be the
committee of management under the Crown
Land (Reserves) Act 1978 of the land.
10. Temporary reservation may be amended or revoked
10
The reservation of land under section 7, 8 or 9
may be amended, revoked or otherwise dealt with
in accordance with the Crown Land (Reserves)
Act 1978.
11. Application of other laws
15
This Act applies despite anything to the contrary
in section 10 of the Road Management Act 2004
or any other Act.
12. Powers to lease St Kilda triangle land
(1) The committee of management of the St Kilda
20
triangle land may grant a lease of that land for the
purpose of the construction or use of buildings,
works, facilities or public open space for retail,
tourism, entertainment, commercial or cultural
purposes.
25
(2) The committee of management must not grant a
lease under sub-section (1) unless the Minister
has, in writing to the committee, approved the
granting of the lease.
7
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
s. 12
Act No.
(3) The Minister must not approve the granting of a
lease under sub-section (1) unless the Minister has
satisfied himself or herself that--
(a) if the lease is granted before the buildings,
works or facilities proposed for the land are
5
built, the lease includes a covenant requiring
the construction of buildings, works and
facilities for retail, tourism, entertainment,
commercial or cultural purposes and that the
buildings, works or facilities are of such a
10
substantial nature and value as to justify the
term of the lease; and
(b) if the lease includes a stratum of land--
(i) each lessee for the time being under the
lease can obtain reasonable access to
15
the use of the land to be leased; and
(ii) the granting of the lease will not
interfere with the exercise of rights by
the registered proprietor, lessee or
licensee of other land; and
20
(iii) 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 on those lands; and
25
(iv) 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, gas, electricity or
30
communications systems) to or through
the stratum, where those rights are
reasonably necessary for the reasonable
enjoyment of the stratum or other land.
8
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
s. 13
Act No.
(4) A lease granted under sub-section (1) must not be
for an initial term of more than 50 years.
(5) A lease granted under sub-section (1)--
(a) may provide for the term of the lease to be
extended one or more times, but--
5
(i) each extension of the lease must not
exceed 21 years; and
(ii) the aggregate of the initial term and any
extensions of the term must not exceed
99 years; and
10
(b) may provide for a lessee to remain in
occupation of the land under the same terms
and conditions as existed under the lease, at
the discretion of the lessor, for a period of
not more than 3 months from the expiry of
15
the lease; and
(c) is subject to any covenants, exceptions,
reservations and conditions that are
determined by the committee of management
and approved by the Minister.
20
(6) This section has effect despite anything to the
contrary in the Land Act 1958, the Crown Land
(Reserves) Act 1978 or regulations made under
the Crown Land (Reserves) Act 1978.
13. Registrar of Titles to make necessary amendments
25
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 this Act.
__________________
9
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
Sections 4(1), 5(1)
LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED
Item 1
Situation and area of land: Borough of St Kilda, Parish of South
Melbourne, County of Bourke, being
2 acres, 2 roods, more or less, being Crown
Allotment 6A.
Instrument and date of Order in Council dated 17 March 1885.
reservation:
Description of land by Government Gazettes dated 20 February
reference to Government 1885, page 636 and 20 March 1885,
Gazette: page 882.
Crown grant details: Volume 2242 Folio 244.
Purpose of reservation: Land for the convenience of the People.
Extent of revocation: The entire reservation.
Item 2
Situation and area of land: Parish of Melbourne South, County of
Bourke, being 9713 square metres of land,
less authorised excisions, being Crown
Allotments 104A and 104B
Instrument and date of Order in Council dated 14 August 1956.
reservation:
Description of land by Government Gazette dated 22 August
reference to Government 1956, page 4563.
Gazette:
Purpose of reservation: Site for Public Recreation.
Extent of revocation: The entire reservation.
__________________
10
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
Sch. 2
Act No.
SCHEDULE 2
Section 6
PLAN OF LAND--LOWER ESPLANADE
__________________
11
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
Sch. 3
Act No.
SCHEDULE 3
Sections 7(1), 8(1)(b)
PLAN OF LAND--ST KILDA TRIANGLE
__________________
12
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
Sch. 4
Act No.
SCHEDULE 4
Sections 8(2)(a), 8(4)
LAND IN RESPECT OF WHICH RESERVATION IS PARTLY
REVOKED
Foreshore land
Situation and area of land: City of St Kilda, Parish of South
Melbourne, County of Bourke, being
19 acres, 2 roods, 20 perches, more or less,
less authorised excisions, being Crown
Allotment 102A.
Instrument and date of Order in Council dated 5 June 1906.
reservation:
Description of land by Government Gazette dated 13 June 1906,
reference to Government page 2379.
Gazette:
Purpose of reservation: Site for the Recreation, Convenience and
Amusement of the People.
Extent of revocation: That part of the land shown on the plan of
survey and referred to in section 8(3)(a).
__________________
13
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
Sch. 5
Act No.
SCHEDULE 5
Section 9(1)
PLAN OF LAND--ST KILDA ESPLANADE
14
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Land (St Kilda Triangle) Act 2006
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
15
551398B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
[Index] [Search] [Download] [Related Items] [Help]