Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


MELBOURNE AND OLYMPIC PARKS AMENDMENT BILL 2007

                 PARLIAMENT OF VICTORIA

   Melbourne and Olympic Parks Amendment Bill
                     2007



                       TABLE OF PROVISIONS
Clause                                                                     Page
  1      Purpose                                                              1
  2      Commencement                                                         2
  3      Principal Act                                                        2
  4      Purposes of the Principal Act                                        2
  5      Amendment of definitions                                             2
  6      Powers and functions                                                 4
  7      New section 6A inserted                                              4
         6A      Trust is committee of management under the Crown
                 Land (Reserves) Act 1978 for Gosch's Paddock                 4
  8      Further powers                                                       4
  9      New sections 7A and 7B inserted                                      6
         7A      Minister must approve carrying out of certain functions      6
         7B      Conflict of powers                                           7
  10     New section 16G inserted                                             7
         16G     Reporting                                                    7
  11     Regulations                                                          7
  12     New Part 5A inserted                                                 8
         PART 5A--FURTHER NATIONAL TENNIS CENTRE
         LAND                                                                 8
         30A    Flinders Park land                                            8
         30B    Closure of road                                               9
         30C    Reservation of land--former part of Flinders Park            10
         30D    Former VicTrack land                                         11
         30E    Throwing cages and adjacent land                             12
         30F    Obligations of Registrar of Titles                           13
  13     New sections 31C and 31D inserted                                   14
         31C    Reserved Army Barracks land                                  14
         31D    Closure of road and reservation of Army Barracks land        15
  14     New Part 6A inserted                                                17
         PART 6A--GOSCH'S PADDOCK                                            17
         32A      Road closure--Gosch's Paddock                              17
         32B      Gosch's Paddock                                            18




561070B.I-10/10/2007                  i      BILL LA INTRODUCTION 10/10/2007

 


 

Clause Page 15 New section 34 inserted 20 34 Certain leases and licences not affected 20 16 New Parts 6 to 14 of the Schedule inserted 22 17 Statute law revision 31 18 Repeal of Act 31 ENDNOTES 32 561070B.I-10/10/2007 ii BILL LA INTRODUCTION 10/10/2007

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Melbourne and Olympic Parks Amendment Bill 2007 A Bill for an Act to amend the Melbourne and Olympic Parks Act 1985 to provide for the revocation of reservations of certain lands and the reservation of certain lands, to provide for the permanent reservation of certain lands as a public park, to provide for the management of certain lands and for other purposes. The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Melbourne and Olympic Parks Act 1985 to provide for-- 5 (a) the revocation of reservations of certain lands and the reservation of certain lands to consolidate the land management arrangements in the Melbourne and Olympic Parks precinct; and 561070B.I-10/10/2007 1 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 2 (b) the permanent reservation of Gosch's Paddock as a public park; and (c) the management of Gosch's Paddock by the Trust as a committee of management under 5 the Crown Land (Reserves) Act 1978. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Principal Act 10 See: Act No. In this Act, the Melbourne and Olympic Parks 10206. Act 1985 is called the Principal Act. Reprint No. 4 as at 25 January 2006 and amending Act No. 80/2006. LawToday: www. legislation. vic.gov.au 4 Purposes of the Principal Act (1) In section 3(d) of the Principal Act, for "Olympic Park." substitute "Olympic Park; and". 15 (2) After section 3(d) of the Principal Act insert-- "(e) to provide for the management of Gosch's Paddock by the Trust as a committee of management under the Crown Land (Reserves) Act 1978.". 20 5 Amendment of definitions (1) In section 4 of the Principal Act, insert the following definitions-- "Central Plan Office means the Central Plan Office of the Department of Sustainability 25 and Environment; 561070B.I-10/10/2007 2 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 5 Gosch's Paddock means the land reserved under section 32B;". (2) In section 4 of the Principal Act, for the definition of national tennis centre land substitute-- 5 "national tennis centre land means-- (a) the land excised under sections 23, 24 and 25; and (b) the land reserved under sections 25A, 25B, 25C, 25D, 25E and 25F; and 10 (c) the land reserved under section 30A; and (d) the land reserved under section 30C; and (e) the land reserved under section 30D; 15 and (f) the land reserved under section 30E;". (3) In section 4 of the Principal Act, for the definition of Olympic Park land substitute-- "Olympic Park land means-- 20 (a) so much of the land that is described in Part 5 of the Schedule as is shown in the plan numbered LEGL./00­24 lodged in the Central Plan Office as-- (i) parcels A, B and C; and 25 (ii) a sport recreation and entertainment reserve; and (b) the land reserved under section 31C; and (c) the land reserved under section 31D;". 561070B.I-10/10/2007 3 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 6 6 Powers and functions (1) After section 6(1)(f) of the Principal Act insert-- "(fa) to be the committee of management under the Crown Land (Reserves) Act 1978 for 5 Gosch's Paddock; and". (2) In section 6(1)(h) of the Principal Act, after "under" insert "this Act or". (3) In section 6(1A) of the Principal Act for "or Olympic Park" substitute ", Olympic Park or 10 Gosch's Paddock". 7 New section 6A inserted After section 6 of the Principal Act insert-- "6A Trust is committee of management under the Crown Land (Reserves) Act 1978 for 15 Gosch's Paddock On the publication of an Order under section 32B, the Trust is deemed to be the committee of management of Gosch's Paddock appointed under the Crown Land 20 (Reserves) Act 1978.". 8 Further powers (1) In section 7(b) of the Principal Act, after "facilities" (where first occurring) insert "(except Gosch's Paddock)". 25 (2) In section 7(e) of the Principal Act, after "the Trust" (where twice occurring) insert "(except for Gosch's Paddock)". (3) At the foot of section 7(e) of the Principal Act insert-- 30 "Note The Trust is a committee of management under the Crown Land (Reserves) Act 1978 for Gosch's Paddock.". 561070B.I-10/10/2007 4 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 8 (4) In section 7(f) of the Principal Act for "enter into" substitute "subject to paragraph (fa), enter into". (5) After section 7(f) of the Principal Act insert-- "(fa) in the case of Gosch's Paddock, subject to 5 the Crown Land (Reserves) Act 1978 and any regulations made under that Act, enter into contracts, agreements or arrangements for the carrying out of its functions in respect of Gosch's Paddock;". 10 (6) At the end of section 7 of the Principal Act insert-- "(2) Despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act and subject 15 to subsection (3), the Trust may grant licences for a period of not more than 21 years for the use of the whole or any part of Gosch's Paddock for purposes that are not substantially detrimental to the reservation of 20 Gosch's Paddock as a public park. (3) The Trust must not grant a licence under subsection (2) unless-- (a) the Minister has given his or her written approval to the granting of the licence; 25 and (b) the Minister administering the Crown Land (Reserves) Act 1978 has given approval in accordance with that Act as if the licence were a licence granted 30 under that Act and the approval is in force. (4) The Trust may grant permits for the use of the whole or any part of Gosch's Paddock for purposes that are not detrimental to the 35 reservation of Gosch's Paddock as a public park. 561070B.I-10/10/2007 5 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 9 (5) Despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Trust must not enter into any lease under that Act 5 or any tenancy agreement under that Act in respect of Gosch's Paddock.". 9 New sections 7A and 7B inserted After section 7 of the Principal Act insert-- "7A Minister must approve carrying out of 10 certain functions (1) Despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Trust must not construct or carry out any works in 15 Gosch's Paddock without the written approval of the Minister. (2) The Minister must consult with the Minister administering the Crown Land (Reserves) Act 1978 before giving an approval under 20 subsection (1). (3) In this section works does not include-- (a) tents, marquees, shelters and other similar temporary structures; or (b) non-commercial signage; or 25 (c) maintenance and repair of existing structures; or (d) horticultural works and plantings; or (e) works required to maintain public safety; or 30 (f) any other minor works. 561070B.I-10/10/2007 6 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 10 7B Conflict of powers In respect of the management of Gosch's Paddock, subject to sections 7 and 7A, to the extent that there is any inconsistency 5 between the powers and functions of the Trust under this Act and the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Crown Land (Reserves) Act 1978 prevails.". 10 10 New section 16G inserted After section 16F of the Principal Act insert-- "16G Reporting In its report of operations for a financial year under Part 7 of the Financial Management 15 Act 1994 the Trust must include information, as required by the Minister, on its performance in maintaining public access to Gosch's Paddock during that financial year.". 11 Regulations 20 (1) In section 22(1) of the Principal Act-- (a) in paragraphs (a), (b) and (c), after "the Trust" insert "(except Gosch's Paddock)"; and (b) in paragraph (d), after "works" insert 25 "(except in Gosch's Paddock)". (2) At the foot of section 22 of the Principal Act insert-- "Note In relation to Gosch's Paddock, regulations may be made 30 under the Crown Land (Reserves) Act 1978.". 561070B.I-10/10/2007 7 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 12 12 New Part 5A inserted After Part 5 of the Principal Act insert-- "PART 5A--FURTHER NATIONAL TENNIS CENTRE LAND 5 30A Flinders Park land (1) The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 6 10 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section. (2) On the recommendation of the Minister 15 under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national 20 tennis centre. (3) On publication in the Government Gazette of an Order under this section-- (a) the Order in Council dated 9 June 1873 published in the Government Gazette 25 dated 13 June 1873 at page 1058 is revoked to the extent that it applies to the land in the plan of survey; and (b) Crown grant Volume 600 Folio 903 is revoked to the extent that it applies to 30 the land in the plan of survey; and (c) subject to paragraph (g), the land in the plan of survey is deemed to be unalienated land of the Crown, freed and discharged from all trusts, 561070B.I-10/10/2007 8 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 12 limitations, reservations, restrictions, encumbrances, estates and interests; and (d) the Minister for Environment and 5 Climate Change and the Melbourne City Council cease to be trustees of the land in the plan of survey; and (e) the appointment of any committee of management of the land in the plan of 10 survey 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 revoked to the extent that they apply to 15 the land in the plan of survey; and (g) the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public 20 purposes, being, in particular, the purposes of the national tennis centre. 30B Closure of road (1) The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of 25 survey signed by the Surveyor-General of the land shown hatched on the plan in Part 7 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this 30 section. (2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may close any road on 35 the land in the plan of survey. 561070B.I-10/10/2007 9 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 12 (3) On the publication in the Government Gazette of an Order under this section-- (a) the land in the plan of survey ceases to be subject to the declaration published 5 in Special Gazette No. 152 dated 15 October 1999 to the extent that the declaration applies to that land; and (b) any land in the plan of survey that is a road ceases to be-- 10 (i) a declared road within the meaning of the Transport Act 1983; and (ii) a road open to and for use by the public for passage with vehicles; 15 and (iii) a highway within the meaning of the Road Safety Act 1986; and (c) all rights, easements and privileges existing or claimed in the land referred 20 to in paragraph (b) either in the public or by any person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, 25 cease. (4) This section applies despite anything to the contrary in section 93H of the Melbourne City Link Act 1995. 30C Reservation of land--former part of 30 Flinders Park (1) The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 8 35 of the Schedule, or that land as nearly as 561070B.I-10/10/2007 10 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 12 practicable, may recommend to the Governor in Council that an Order be made under this section. (2) On the recommendation of the Minister 5 under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national 10 tennis centre. (3) On publication in the Government Gazette of an Order under this section, the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the Crown 15 Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the national tennis centre. (4) An Order under this section must not be made before an Order is made under 20 section 30B. 30D Former VicTrack land (1) The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of 25 the land shown hatched on the plan in Part 9 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section. 30 (2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, 35 in particular, the purposes of the national tennis centre. 561070B.I-10/10/2007 11 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 12 (3) On publication in the Government Gazette of an Order under this section, the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the Crown 5 Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the national tennis centre. 30E Throwing cages and adjacent land (1) The Minister administering the Crown Land 10 (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 10 of the Schedule, or that land as nearly as practicable, may recommend to the 15 Governor in Council that an Order be made under this section. (2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the 20 Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national tennis centre. (3) On publication in the Government Gazette of 25 an Order under this section-- (a) the Order in Council dated 9 June 1873 published in the Government Gazette dated 13 June 1873 at page 1059 is revoked to the extent that it applies to 30 the land in the plan of survey; and (b) Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to the land in the plan of survey; and (c) the land in the plan of survey ceases to 35 be subject to the reservation referred to in section 253C of the Transport Act 561070B.I-10/10/2007 12 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 12 1983 to the extent that the reservation applies to that land; and (d) subject to paragraph (h) and section 34, the land in the plan of survey is deemed 5 to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and 10 (e) the Minister for Environment and Climate Change and the Melbourne City Council cease to be trustees of the land in the plan of survey; and (f) the appointment of any committee of 15 management of the land in the plan of survey is revoked to the extent that it relates to that land; and (g) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are 20 revoked to the extent that they apply to the land in the plan of survey; and (h) the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the Crown Land 25 (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the national tennis centre. 30F Obligations of Registrar of Titles The Registrar of Titles must make any 30 amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part. __________________". 561070B.I-10/10/2007 13 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 13 13 New sections 31C and 31D inserted After section 31B of the Principal Act insert-- "31C Reserved Army Barracks land (1) The Minister administering the Crown Land 5 (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 11 of the Schedule, or that land as nearly as practicable, may recommend to the 10 Governor in Council that an Order be made under this section. (2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the 15 Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of sport, recreation and entertainment. (3) On publication in the Government Gazette of 20 an Order under this section-- (a) the Order in Council dated 29 October 2002, published in Special Gazette No. 194 dated 29 October 2002, page 1 is revoked to the extent that it applies to 25 the land in the plan of survey; and (b) subject to paragraph (e) and subsection (4), the land in the plan of survey to a depth of 10 metres from the surface is deemed to be unalienated land of the 30 Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (c) the appointment of any committee of 35 management of that land is revoked to the extent that it relates to that land; and 561070B.I-10/10/2007 14 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 13 (d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and 5 (e) the land in the plan of survey to a depth of 10 metres from the surface is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes 10 of sport, recreation and entertainment. (4) Nothing in this section affects the status or continuity of any easement created under section 339B of the Land Act 1958 and existing over the land in the plan of survey 15 immediately before the publication in the Government Gazette of the Order under this section. 31D Closure of road and reservation of Army Barracks land 20 (1) The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 12 of the Schedule, or that land as 25 nearly as practicable, may recommend to the Governor in Council that an Order be made under this section. (2) On the recommendation of the Minister under subsection (1), the Governor in 30 Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of sport, recreation and entertainment. 561070B.I-10/10/2007 15 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 13 (3) On publication in the Government Gazette of an Order under this section-- (a) the land in the plan of survey ceases to be subject to the declaration published 5 in Special Gazette No. 200 dated 21 December 2000 to the extent that the declaration applies to that land; and (b) any land in the plan of survey to a depth of 10 metres from the surface that 10 is a road ceases to be-- (i) a declared road within the meaning of the Transport Act 1983; and (ii) a road open to and for use by the 15 public for passage with vehicles; and (iii) a highway within the meaning of the Road Safety Act 1986; and (c) subject to subsection (4), all rights, 20 easements and privileges existing or claimed in the land referred to in paragraph (b) either in the public or by any person as incident to any express or implied grant, or past dedication or 25 supposed dedication or by user or operation of law or otherwise, cease; and (d) the land in the plan of survey to a depth from the surface of 10 metres is 30 deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of sport, recreation and entertainment. (4) Nothing in this section affects the status or 35 continuity of any easement created under section 339B of the Land Act 1958 and 561070B.I-10/10/2007 16 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 14 existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section. 5 (5) This section applies despite anything to the contrary in section 61 of the Melbourne City Link Act 1995.". 14 New Part 6A inserted After Part 6 of the Principal Act insert-- 10 "PART 6A--GOSCH'S PADDOCK 32A Road closure--Gosch's Paddock (1) The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of 15 the land shown hatched on the plan in Part 13 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section. 20 (2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may close any road on the land in the plan of survey to a depth of 25 10 metres from the surface. (3) On the publication in the Government Gazette of an Order under this section-- (a) the land in the plan of survey to a depth of 10 metres from the surface ceases to 30 be subject to the declaration published in Special Gazette No. 200 dated 21 December 2000 to the extent that the declaration applies to that land; and 561070B.I-10/10/2007 17 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 14 (b) any land in the plan of survey to a depth of 10 metres from the surface that is a road ceases to be-- (i) a declared road within the 5 meaning of the Transport Act 1983; and (ii) a road open to and for use by the public for passage with vehicles; and 10 (iii) a highway within the meaning of the Road Safety Act 1986; and (c) subject to subsection (4), all rights, easements and privileges existing or claimed in the land referred to in 15 paragraph (b) either in the public or by any 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. 20 (4) Nothing in this section affects the status or continuity of any easement created under section 339B of the Land Act 1958 and existing over the land in the plan of survey immediately before the publication in the 25 Government Gazette of the Order under this section. (5) This section applies despite anything to the contrary in section 61 of the Melbourne City Link Act 1995. 30 32B Gosch's Paddock (1) The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched and the land shown 35 cross-hatched on the plan in Part 14 of the Schedule, or those lands as nearly as 561070B.I-10/10/2007 18 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 14 practicable, may recommend to the Governor in Council that an Order be made under this section. (2) On the recommendation of the Minister 5 under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of a public 10 park. (3) On publication in the Government Gazette of an Order under this section-- (a) the Order in Council dated 9 June 1873 published in the Government Gazette 15 dated 13 June 1873 at page 1059 is revoked to the extent that it applies to the land in the plan of survey; and (b) Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to 20 the land in the plan of survey; and (c) subject to paragraph (g), subsection (4) and section 34, the land in the plan of survey to a depth of 10 metres from the surface is deemed to be unalienated 25 land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and 30 (d) the Minister for Environment and Climate Change and the Melbourne City Council cease to be trustees of any land in the plan of survey; and 561070B.I-10/10/2007 19 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 15 (e) the appointment of any committee of management is revoked to the extent that it relates to the land in the plan of survey; and 5 (f) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land in the plan of survey; and (g) the land in the plan of survey to a depth 10 from the surface of 10 metres is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of a public park. 15 (4) Nothing in this section affects the status or continuity of any easement created under section 339B of the Land Act 1958 and existing over the land in the plan of survey immediately before the publication in the 20 Government Gazette of the Order under this section. (5) An Order under this section must not be made before an Order is made under section 32A. __________________". 25 15 New section 34 inserted After section 33 of the Principal Act insert-- "34 Certain leases and licences not affected (1) Nothing in section 30E affects the status or continuity of any lease or licence which is in 30 existence immediately before the date of publication in the Government Gazette of an Order under that section over any land to which that Order applies. 561070B.I-10/10/2007 20 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 15 (2) Nothing in section 32B affects the status or continuity of any lease or licence which is in existence immediately before the date of publication in the Government Gazette of an 5 Order under that section over any land to which that Order applies. (3) A lease or licence referred to in subsection (1) or (2) has effect from the publication of the relevant Order-- 10 (a) as a lease or licence between the Trust as lessor or licensor and the lessee or licensee for the time being under the lease or licence, as if it had been assigned to the Trust; and 15 (b) as if it referred to the Trust instead of the lessor or licensor. (4) Nothing done by virtue of this section is to be regarded as placing any person in breach of, or as constituting a default under, any 20 provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of the lease or licence. (5) In this section lease includes an agreement, 25 option to renew or other 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.". 561070B.I-10/10/2007 21 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 16 16 New Parts 6 to 14 of the Schedule inserted In the Schedule to the Principal Act, after Part 5 insert-- "Part 6 561070B.I-10/10/2007 22 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 16 Part 7 561070B.I-10/10/2007 23 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 16 Part 8 561070B.I-10/10/2007 24 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 16 Part 9 561070B.I-10/10/2007 25 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 16 Part 10 561070B.I-10/10/2007 26 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 16 Part 11 561070B.I-10/10/2007 27 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 16 Part 12 561070B.I-10/10/2007 28 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 16 Part 13 561070B.I-10/10/2007 29 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 16 Part 14 ". 561070B.I-10/10/2007 30 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 s. 17 17 Statute law revision (1) In section 7(e)(ii) of the Principal Act omit "for". (2) In section 16D(1) of the Principal Act, for "Secretary" substitute "Chief Executive Officer". 5 (3) In section 16E of the Principal Act, for "Secretary" (where twice occurring) substitute "Chief Executive Officer". 18 Repeal of Act This Act is repealed on the first anniversary of its 10 commencement. 561070B.I-10/10/2007 31 BILL LA INTRODUCTION 10/10/2007

 


 

Melbourne and Olympic Parks Amendment Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561070B.I-10/10/2007 32 BILL LA INTRODUCTION 10/10/2007

 


[Index] [Search] [Download] [Related Items] [Help]