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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)
(Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 2
3. Principal Act 2
4. Definitions 3
5. Leasing powers 3
6. New section 4A inserted 3
4A. Power to vary lease of aquarium site land 3
7. Consequential amendment of certain references to land 4
8. Preserving rights under the Transport Act 1983 4
9. New section 8 inserted 4
8. Transitional provision--Melbourne Lands (Yarra
River North Bank) (Amendment) Act 2005 4
10. Schedule 1 substituted 6
SCHEDULE 1--Aquarium Site Land 6
ENDNOTES 7
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PARLIAMENT OF VICTORIA
A BILL
to amend the Melbourne Lands (Yarra River North Bank) Act
1997 to provide for additional land to be included in the site used for
the Melbourne Aquarium and for other purposes.
Melbourne Lands (Yarra River North
Bank) (Amendment) Act 2005
Preamble
Under the Melbourne Lands (Yarra River North
Bank) Act 1997, the Melbourne City Council is
the Committee of Management of the land shown
in Schedule 1 to that Act.
The Melbourne City Council is also authorised by
that Act to grant a lease not exceeding an
aggregate of 99 years for the purpose of the
construction or occupation of an aquarium and
substantial buildings or works for related retail,
tourism or commercial purposes on that land.
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2005
s. 1
Act No.
In November 1997, a lease for an initial term of
50 years was granted to Melbourne Underwater
World Pty Ltd for the purpose of the Melbourne
Aquarium.
To facilitate the expansion of the Melbourne
Aquarium, it is necessary to provide for additional
land to be included in the aquarium site and for the
lease relating to the Aquarium to be varied for that
purpose.
The Parliament of Victoria therefore enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Melbourne Lands (Yarra River North Bank)
Act 1997--
(a) to provide for additional land to be included
5
in the site used for the Melbourne Aquarium;
and
(b) to make further provision in relation to
powers to lease that land.
2. Commencement
10
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See: In this Act, the Melbourne Lands (Yarra River
Act No.
North Bank) Act 1997 is called the Principal Act.
15 28/1997.
LawToday:
www.dms.
dpc.vic.
gov.au
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Melbourne Lands (Yarra River North Bank) (Amendment) Act
2005
s. 4
Act No.
4. Definitions
In section 3 of the Principal Act--
(a) insert the following definition--
' "aquarium site land" means the land
shown hatched and cross-hatched on
5
the plan in Schedule 1;';
(b) the definition of "reserved land" is repealed.
5. Leasing powers
(1) Insert the following heading to section 4 of the
Principal Act--
10
"Powers to lease aquarium site land".
(2) In section 4(1) of the Principal Act for "any
reserved land in the area shown hatched on the
plan in Schedule 1" substitute "any aquarium site
land".
15
6. New section 4A inserted
After section 4 of the Principal Act insert--
"4A. Power to vary lease of aquarium site land
(1) Despite any law to the contrary, a lease
entered into under section 4 may be varied
20
by providing that the lease applies to any
part of the aquarium site land, whether or not
any part of that land was originally subject to
the lease.
(2) The power to make a variation to a lease
25
under sub-section (1)--
(a) must not be exercised unless--
(i) the Minister has, in writing to the
committee of management,
approved the variation of the
30
lease; and
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2005
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Act No.
(ii) all the parties to the lease agree to
the variation; and
(b) is in addition to, and does not limit, any
other powers to vary a lease entered
into under section 4.".
5
7. Consequential amendment of certain references to
land
(1) In section 5(1) of the Principal Act--
(a) for "land shown hatched on the plan in
Schedule 1" substitute "aquarium site land";
10
(b) for "land shown hatched in the Schedule"
substitute "aquarium site land".
(2) In section 5(3) of the Principal Act, for "reserved
land" substitute "aquarium site land".
8. Preserving rights under the Transport Act 1983
15
At the end of section 7 of the Principal Act
insert--
"(2) Nothing in this Act affects any rights over
the land shown cross-hatched on the plan in
Schedule 1 under the Transport Act 1983
20
that apply to the Flinders Street Viaduct
Railway.".
9. New section 8 inserted
After section 7 of the Principal Act insert--
"8. Transitional provision--Melbourne Lands
25
(Yarra River North Bank) (Amendment)
Act 2005
(1) On and from the commencement of the
Melbourne Lands (Yarra River North
Bank) (Amendment) Act 2005, the lease
30
dated 13 November 1997 of part of the land
shown hatched in Schedule 1 between
Melbourne City Council and Melbourne
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2005
s. 9
Act No.
Underwater World Pty Ltd may be varied in
accordance with section 4A to include any
part of the land shown cross-hatched on the
plan in Schedule 1 (as substituted by that
Act) as part of the land which is subject to
5
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
under, any provision of a lease,
10
including any provision prohibiting,
restricting or regulating the assignment
of the lease; or
(b) is to be regarded as fulfilling any
condition which allows a person to
15
exercise a right or remedy in respect of,
or to terminate, any agreement or
obligation.".
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Melbourne Lands (Yarra River North Bank) (Amendment) Act
2005
s. 10
Act No.
10. Schedule 1 substituted
For Schedule 1 to the Principal Act substitute--
"SCHEDULE 1
AQUARIUM SITE LAND
".
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Melbourne Lands (Yarra River North Bank) (Amendment) Act
2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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