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PARLIAMENT OF VICTORIA
Melbourne and Olympic Parks (Amendment) Act
1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Amendment of definition 2
5. New sections 25E and 25F inserted 2
25E. Power to excise additional area from Yarra Park 2
25F. Power to excise additional area from Public Park
Reserve 3
6. No compensation payable and limitation of Supreme Court's
jurisdiction 5
7. Obligations of Registrar of Titles 5
8. New Part 4A inserted into Schedule 5
NOTES 6
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PARLIAMENT OF VICTORIA
A BILL
to amend the Melbourne and Olympic Parks Act 1985 to provide
for the revocation of reservations of certain lands and the re-
reservation of those lands and for other purposes.
Melbourne and Olympic Parks
(Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Melbourne and Olympic Parks Act 1985 to
provide for the revocation of reservations of
5 certain lands and to provide for the re-reservation
of those lands.
1
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Melbourne and Olympic Parks (Amendment) Act 1998
s. 2
Act No.
2. Commencement
This Act comes into operation on the day that it
receives the Royal Assent.
3. Principal Act
Act No. 10206.
5 In this Act, the Melbourne and Olympic Parks
Reprint No. 2
Act 1985 is called the Principal Act.
as at 12
March 1998.
4. Amendment of definition
In section 4 of the Principal Act, in the definition
of "national tennis centre land", for "and 25D"
10 substitute ", 25D, 25E and 25F".
5. New sections 25E and 25F inserted
After section 25D of the Principal Act insert--
'25E. Power to excise additional area from Yarra
Park
15 (1) The Minister administering the Crown Land
(Reserves) Act 1978 upon--
(a) receiving a plan of survey of a portion
of the land known as Yarra Park signed
by the Surveyor-General; and
20 (b) being satisfied that the land described
in the plan of survey corresponds as
nearly as practicable with the land
shown cross-hatched in the plan in Part
4A of the Schedule--
25 may recommend to the Governor in Council
that the land shown in the plan of survey be
excised from the reservation of the land
known as Yarra Park.
(2) Upon receiving the Minister's
30 recommendation, the Governor in Council
may, by proclamation published in the
2
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Melbourne and Olympic Parks (Amendment) Act 1998
s. 5
Act No.
Government Gazette, revoke the Order in
Council of 9 June 1873 and Crown grant
Volume 600 Folio 119902 so far as they
relate to the land shown on the plan of
5 survey.
(3) Upon publication of the proclamation under
sub-section (2) in the Government Gazette--
(a) the land reverts to the Crown as
unalienated Crown land, freed and
10 discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, charges, leases,
licences, estates and interests; and
(b) the land is deemed to be temporarily
15 reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
public purposes, being in particular, the
purposes of the national tennis centre.
(4) For the purposes of this section "the land
20 known as Yarra Park" means the land the
title particulars of which are described in
paragraph 2 of Part 1 of the Schedule, except
that the reference to Part II in that paragraph
is deemed to be a reference to Part 4A.
25 25F. Power to excise additional area from Public
Park Reserve
(1) The Minister administering the Crown Land
(Reserves) Act 1978 upon--
(a) receiving a plan of survey of a portion
30 of the land known as Public Park
Reserve signed by the Surveyor-
General; and
(b) being satisfied that the land described
in the plan of survey corresponds as
35 nearly as practicable with the land
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Melbourne and Olympic Parks (Amendment) Act 1998
s. 5
Act No.
shown hatched in the plan in Part 4A of
the Schedule--
may recommend to the Governor in Council
that the land shown in the plan of survey be
5 excised from the reservation of the land
known as Public Park Reserve.
(2) Upon receiving the Minister's
recommendation, the Governor in Council
may, by proclamation published in the
10 Government Gazette, revoke the Order in
Council of 13 September 1950 so far as it
relates to the land shown on the plan of
survey.
(3) Upon publication of the proclamation under
15 sub-section (2) in the Government Gazette--
(a) the land reverts to the Crown as
unalienated Crown land, freed and
discharged from all trusts, limitations,
reservations, restrictions,
20 encumbrances, charges, leases,
licences, estates and interests; and
(b) the land is deemed to be temporarily
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
25 public purposes, being in particular, the
purposes of the national tennis centre.
(4) For the purposes of this section "the land
known as Public Park Reserve" means the
land the title particulars of which are
30 described in paragraph 3 of Part 1 of the
Schedule, except that the reference to Part II
in that paragraph is deemed to be a reference
to Part 4A.'.
4
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Melbourne and Olympic Parks (Amendment) Act 1998
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Act No.
6. No compensation payable and limitation of Supreme
Court's jurisdiction
(1) In section 26 of the Principal Act, after "25D"
insert "and sections 25E and 25F".
5 (2) In section 26A of the Principal Act, at the end of
that section insert--
"(2) It is the intention of section 26 as amended
by the Melbourne and Olympic Parks
(Amendment) Act 1998 to alter or vary
10 section 85 of the Constitution Act 1975.".
7. Obligations of Registrar of Titles
In section 28 of the Principal Act, for "and 25D"
substitute ", 25D, 25E and 25F".
8. New Part 4A inserted into Schedule
15 In the Schedule to the Principal Act, after Part 4
insert--
"PART 4A
".
20
5
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Melbourne and Olympic Parks (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Melbourne and Olympic Parks (Amendment) Act 1998
Act No.
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