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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne Lands (Yarra River North Bank) Act
1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 2
2. Commencement 2
3. Definitions 3
4. Powers to lease reserved Crown land 3
5. Rights of passage to and from leased land 5
6. Divesting of land from Melbourne City Council 6
7. Preserving rights under Transport Act 1983 7
__________________
SCHEDULES 8
SCHEDULE 1--Land proposed to be developed 8
SCHEDULE 2--Land to be divested from Melbourne City Council 9
NOTES 10
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PARLIAMENT OF VICTORIA
A BILL
to make further provision in relation to the leasing, divesting and
reservation of certain land adjacent to the Yarra River near Flinders
Street and for other purposes.
Melbourne Lands (Yarra River North
Bank) Act 1997
Preamble
The land shown hatched on the plan in Schedule 1
consists of land reserved and vested in the
Melbourne City Council under the Melbourne
(Flinders-street) Land Act 1958, land temporarily
reserved under the Crown Land (Reserves) Act
1978, and other Crown land.
The Melbourne City Council is the manager of part
of the land shown hatched on the plan in Schedule
1 and now proposes further development for the
land in the Schedule.
In order for the development to proceed it is
necessary to allow the land to be leased for longer
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Melbourne Lands (Yarra River North Bank) Act 1997
s. 1
Act No.
periods from those presently enabled by law. It is
also necessary to provide for additional rights for
the leaseholders, for the divesting of the land
shown hatched on the plan in Schedule 2 from the
Melbourne City Council, for the temporary
reservation of that land and for the appointment of
the Melbourne City Council as the committee of
management of that land.
The Parliament of Victoria therefore enacts as follows:
1. Purposes
The purposes of this Act are to--
(a) enable the granting of long term leases for
certain land adjacent to the Yarra River; and
5 (b) provide for certain consequential rights; and
(c) provide for the divesting of the land shown
hatched on the plan in Schedule 2 from the
Melbourne City Council; and
(d) provide for the appointment of the
10 Melbourne City Council as committee of
management of the land shown hatched on
the plan in Schedule 2; and
(e) provide for other related matters.
2. Commencement
15 (1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
20 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 February 1998, it
comes into operation on that day.
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Melbourne Lands (Yarra River North Bank) Act 1997
s. 3
Act No.
3. Definitions
In this Act--
"land" includes a stratum of land;
"reserved land" means land reserved under the
5 Crown Land (Reserves) Act 1978;
"stratum of land" means a part of land
consisting of a space of any shape, below on
or above the surface of the land, or partly
below and partly above the surface of the
10 land, all the dimensions of which are limited.
4. Powers to lease reserved Crown land
(1) The committee of management of any reserved
land in the area shown hatched on the plan in
Schedule 1 may grant a lease of that land or part
15 of that land for the purpose of the construction or
occupation of an aquarium and substantial
buildings or works for related retail, tourism or
commercial purposes on the land.
(2) The committee of management must not grant a
20 lease under sub-section (1) unless the Minister
has, in writing to the committee, approved the
granting of the lease.
(3) The Minister must not approve the granting of a
lease under sub-section (1) unless the Minister has
25 satisfied himself or herself that--
(a) if the lease is granted before the buildings
and works proposed for the land have been
built, the lease includes a covenant requiring
the construction of an aquarium and
30 substantial buildings or works for related
retail, tourism
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Melbourne Lands (Yarra River North Bank) Act 1997
s. 4
Act No.
or commercial purposes and that the
buildings and works which are the subject of
the covenant are of such a nature and value
as to justify a lease of longer than 21 years;
5 and
(b) if the lease is for a purpose other than the
purpose for which the land is reserved, the
lease is not detrimental to the purpose for
which the land is reserved; and
10 (c) if the lease includes a stratum of land--
(i) each lessee for the time being under the
lease can obtain reasonable access to
the use of the land to be leased; and
(ii) the granting of the lease will not
15 interfere with the exercise of rights by
the registered proprietor, lessee or
licensee of other land; and
(iii) provision has been made (in the lease
or otherwise) for any necessary rights
20 of support of the stratum or other land
or of any building or structure erected
or to be erected on those lands; and
(iv) provision has been made (in the lease
or otherwise) for any necessary rights
25 of passage or provision of services
(including drainage, sewerage, or the
supply of water, gas, electricity or
communications systems) to or through
the stratum, where those rights are
30 reasonably necessary for the reasonable
enjoyment of the stratum or other land.
(4) A lease granted under sub-section (1) must not be
for an initial term of more than 50 years.
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Melbourne Lands (Yarra River North Bank) Act 1997
s. 5
Act No.
(5) A lease granted under sub-section (1)--
(a) may contain provision 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 contain provision 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
15 expiry of 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.
5. Rights of passage to and from leased land
25 (1) Despite any reservation of the land shown hatched
on the plan in Schedule 1, the holder of a lease
under section 4, and any person so authorised by
the holder, have a right to pass and re-pass over
that part of the land shown hatched in the
30 Schedule which is not the subject of a lease under
section 4, subject to the following provisions--
(a) the right includes a right to pass or repass
with or without goods or vehicles;
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Melbourne Lands (Yarra River North Bank) Act 1997
s. 6
Act No.
(b) the right may be exercised at the times and
places determined by the committee of
management of the land over which the right
is to be exercised;
5 (c) the exercise of the right must be related to
the purposes of the lease.
(2) In making a determination under sub-section
(1)(b) the committee of management must be
reasonably satisfied that the determination is
10 necessary to give effect to the terms of the lease.
(3) A right under sub-section (1) does not affect any
right the public has to use the reserved land.
6. Divesting of land from Melbourne City Council
The land shown hatched on the plan in Schedule 2
15 is divested from the Melbourne City Council
and--
(a) is deemed to be unalienated land of the
Crown freed and discharged from all trusts,
limitations, reservations, restrictions,
20 encumbrances, estates and interests; and
(b) any regulations made under the Crown
Land (Reserves) Act 1978 are revoked to
the extent that they apply to the land; and
(c) is deemed to be temporarily reserved under
25 section 4(1) of the Crown Land (Reserves)
Act 1978 for public purposes; and
(d) the Melbourne City Council is deemed to be
the committee of management under the
Crown Land (Reserves) Act 1978 of the
30 land.
6
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Melbourne Lands (Yarra River North Bank) Act 1997
s. 7
Act No.
7. Preserving rights under Transport Act 1983
Nothing in this Act affects any rights over the
land shown hatched on the plan in Schedule 1
under the Transport Act 1983 that apply to the
5 Flinders Street Viaduct Railway.
__________________
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Melbourne Lands (Yarra River North Bank) Act 1997
Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
Land proposed to be developed
__________________
5
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Melbourne Lands (Yarra River North Bank) Act 1997
Sch. 2
Act No.
SCHEDULE 2
Land to be divested from Melbourne City Council
5
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Melbourne Lands (Yarra River North Bank) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
10
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