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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Land (Miscellaneous Matters) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--ANGLICARE VICTORIA LAND 3
3. Revocation of reservations and Crown grant--Anglicare
Victoria land 3
4. Consequences of revoking reservations 3
5. Preservation of lease between Anglicare and Bayside Health 3
PART 3--BERRY STREET CHILD AND FAMILY CARE
CENTRE LAND 6
6. Revocation of reservation and Crown grant--Berry Street
Child and Family Care Centre land 6
7. Consequences of revoking reservations 6
8. Re-reservation of part of Berry Street Child and Family Care
Centre land 6
PART 4--AMENDMENT OF BALLARAT (SOVEREIGN HILL)
LAND ACT 1970 7
9. Definition 7
10. New section 5CA inserted 7
5CA. Additional land for museum site land 7
11. Granting leases 8
12. New section 6A inserted 9
6A. Saving provision--Land (Miscellaneous Matters)
Act 2005 9
13. Schedule 1 inserted 9
PART 5--GENERAL 11
14. Registrar of Titles to make necessary amendments 11
__________________
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551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Clause Page
SCHEDULES 12
SCHEDULE 1--Land in Respect of Which Reservations are Revoked 12
SCHEDULE 2--Plan of Part of Berry Street Land 14
ENDNOTES 15
ii
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
PARLIAMENT OF VICTORIA
A BILL
to provide for the revocation of a number of reservations in respect of
various parcels of land, to provide for the revocation of Crown grants
in relation to some of those parcels of land and the re-reservation of
part of one of those parcels of land, to amend the Ballarat (Sovereign
Hill) Land Act 1970 to provide for additional land to be included in
the reserved land to which that Act applies and for other purposes.
Land (Miscellaneous Matters) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to revoke the reservations relating to various
parcels of land and the Crown grants in
5
relation to certain of those parcels and to
1
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 1--Preliminary
s. 2
re-reserve part of one of those parcels of
land; and
(b) to amend the Ballarat (Sovereign Hill)
Land Act 1970 to provide for additional
land to be included in the reserved land to
5
which that Act applies.
2. Commencement
(1) This Act, except Part 2, comes into operation on
the day after the day on which it receives the
Royal Assent.
10
(2) Subject to sub-section (3), Part 2 comes into
operation on a day to be proclaimed.
(3) If Part 2 does not come into operation before
31 December 2006, it comes into operation on that
day.
15
__________________
2
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 2--Anglicare Victoria Land
s. 3
PART 2--ANGLICARE VICTORIA LAND
3. Revocation of reservations and Crown grant--
Anglicare Victoria land
(1) The Order in Council specified in item 1 of
Schedule 1 is revoked.
5
(2) Crown grant Volume 1502 Folio 372 is revoked.
(3) The land specified in item 1 of Schedule 1 ceases
to be subject to the reservation imposed by virtue
of section 2 of the East Melbourne Land Act
1970 as in force immediately before its repeal.
10
4. Consequences of revoking reservations
Subject to section 5, 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
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.
5. Preservation of lease between Anglicare and Bayside
25
Health
(1) Nothing done by this Part affects the status or
continuity of the relevant lease.
3
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 2--Anglicare Victoria Land
s. 5
(2) On and from the commencement of this Part the
relevant lease has effect--
(a) as a lease between the Minister and the
lessee for the time being under the lease, as
if it had been assigned to the Minister; and
5
(b) as if the lease referred to the Minister instead
of to the lessor (however described).
(3) The issue of a Crown grant of any land affected
by the relevant lease existing immediately before
that issue does not affect the status or continuity
10
of that lease, and the lease has effect on and from
that issue--
(a) as a lease between the person to whom the
Crown grant is made and the lessee for the
time being under the lease, as if it had been
15
assigned to the person to whom the Crown
grant is made; and
(b) as if the lease referred to the person to whom
the Crown grant is made instead of to the
lessor (however described).
20
(4) This section has effect despite anything to the
contrary in any Act or law or in a Crown grant of
the land.
(5) Nothing effected by this section--
(a) is to be regarded as placing any person in a
25
breach of or as constituting a default under
any provision prohibiting, restricting or
regulating the assignment of the relevant
lease; or
(b) is to be regarded as fulfilling any condition
30
which allows a person to exercise a right or
remedy in respect of, or to terminate, any
agreement or obligation; or
(c) releases any surety or other obligor wholly or
in part from any obligation.
35
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551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 2--Anglicare Victoria Land
s. 5
(6) In this section, "relevant lease" means the
lease between Anglicare Victoria
(ABN 97 397 067 466) and Bayside Health
(ABN 27 318 956 319) which commenced on
20 October 2004 relating to part of the land
5
specified in item 1 of Schedule 1.
__________________
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551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 3--Berry Street Child and Family Care Centre Land
s. 6
PART 3--BERRY STREET CHILD AND FAMILY CARE
CENTRE LAND
6. Revocation of reservation and Crown grant--Berry
Street Child and Family Care Centre land
(1) The Order in Council specified in item 2 of
5
Schedule 1 is revoked.
(2) Crown grant Volume 1351 Folio 183 is revoked.
7. Consequences of revoking reservations
Subject to section 8, on the revocation of a
reservation of land under this Part--
10
(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
15
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
20
land.
8. Re-reservation of part of Berry Street Child and
Family Care Centre land
On the revocation of the reservation referred to in
section 6, the part of that land shown hatched on
25
the plan in Schedule 2 is deemed to be temporarily
reserved for public purposes (child care) under
section 4(1) of the Crown Land (Reserves) Act
1978.
__________________
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551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 4--Amendment of Ballarat (Sovereign Hill) Land Act 1970
s. 9
See:
PART 4--AMENDMENT OF BALLARAT (SOVEREIGN
Act No.
HILL) LAND ACT 1970 7955
and
amending
9. Definition Act Nos
94/1995 and
In section 2 of the Ballarat (Sovereign Hill) 44/2001.
Land Act 1970 insert the following definition--
5 LawToday:
www.dms.
' "museum site land" means-- dpc.vic.
gov.au
(a) the land deemed to be permanently
reserved by section 5C; and
(b) the land shown hatched on the plan in
Schedule 1.'.
10
10. New section 5CA inserted
After section 5C of the Ballarat (Sovereign Hill)
Land Act 1970 insert--
"5CA. Additional land for museum site land
On the commencement of Part 4 of the Land
15
(Miscellaneous Matters) Act 2005, the land
shown hatched on the plan in Schedule 1--
(a) is deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
20
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
25
7
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 4--Amendment of Ballarat (Sovereign Hill) Land Act 1970
s. 11
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to
that land; and
(d) if any part of that land is or is being
5
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 incident to any
10
express or implied grant or past
dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(e) that land--
15
(i) is deemed to be permanently
reserved for the purposes set out
in section 5C; and
(ii) forms part of the museum site
land.".
20
11. Granting leases
In section 6(1) of the Ballarat (Sovereign Hill)
Land Act 1970--
(a) for "the lands deemed to be permanently
reserved by section 5C" substitute "the
25
museum site land";
(b) for "such lands" substitute "such land".
8
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 4--Amendment of Ballarat (Sovereign Hill) Land Act 1970
s. 12
12. New section 6A inserted
After section 6 of the Ballarat (Sovereign Hill)
Land Act 1970 insert--
"6A. Saving provision--Land (Miscellaneous
Matters) Act 2005
5
(1) A lease granted under section 6 existing
immediately before the commencement of
Part 4 of the Land (Miscellaneous Matters)
Act 2005 has effect on and from that
commencement as if the land shown hatched
10
on the plan in Schedule 1 were included in
the area of land which is subject to that lease.
(2) Nothing effected by this section--
(a) is to be regarded as placing any person
in breach of, or as constituting a default
15
under, any provision of a lease,
including any provision prohibiting,
restricting or regulating the assignment
of the lease; or
(b) is to be regarded as fulfilling any
20
condition which allows a person to
exercise a right or remedy in respect of,
or to terminate, any agreement or
obligation.".
13. Schedule 1 inserted
25
After section 7 of the Ballarat (Sovereign Hill)
Land Act 1970 insert--
9
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 4--Amendment of Ballarat (Sovereign Hill) Land Act 1970
s. 13
"SCHEDULES
SCHEDULE 1
ADDITIONAL MUSEUM SITE LAND--TOWNSHIP OF BALLARAT
EAST, PARISH OF BALLARAT, COUNTY OF GRANT
5 (SOVEREIGN HILL)
".
__________________
10
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Part 5--General
s. 14
PART 5--GENERAL
14. Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings
in or amendments to the Register under the
Transfer of Land Act 1958 that are necessary
5
because of the operation of any provision of this
Act.
__________________
11
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Sch. 1
SCHEDULES
SCHEDULE 1
LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED
Item 1--Anglicare Victoria land
Situation and area of land: Parish of North Melbourne, being Crown
Allotments 8, 9, 10, 11, 12, 13 and 14 of
section 19B at East Melbourne, being
18711 square metres.
Instrument and date of 1. Order in Council dated 29 October
reservation: 1883.
2. The East Melbourne Land Act 1970,
section 2.
Description of land by Government Gazettes 5 October 1883,
reference to Government page 2326 and 2 November 1883,
Gazette: page 2499.
Crown grant details: Volume 1502 Folio 372.
Purpose of reservation: 1. Site for Servants' Training Asylum.
2. Use for or in connexion with social
welfare purposes.
Extent of revocation: The entire reserve.
Item 2--Berry Street Child and Family Care Centre land
Situation and area of land: Parish of North Melbourne, being Crown
Allotments 15, 16, 17, 18 and 19 of
section 19B at East Melbourne, being
14796 square metres.
Instrument and date of Order in Council dated 26 September
reservation: 1881.
Description of land by Government Gazettes dated 2 September
reference to Government 1881, page 2553 and 30 September 1881,
Gazette: page 2724.
Crown grant details: Volume 1351 Folio 183.
12
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Sch. 1
Purpose of reservation: Site for Infant Asylum.
Extent of revocation: The entire reserve.
__________________
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551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Land (Miscellaneous Matters) Act 2005
Act No.
Sch. 2
SCHEDULE 2
PLAN OF PART OF BERRY STREET LAND
14
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Land (Miscellaneous Matters) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
15
551328B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
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