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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Queen Victoria Market Lands Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 3
PART 2--QUEEN VICTORIA MARKET SITE 4
3. Revocation of reservations and Crown grants--Queen Victoria
Market site 4
4. Consequences of revoking reservations 4
5. Surrender of City of Melbourne land--Queen Victoria Market
site5
6. Closure of roads 5
7. Issue of Crown grant 6
8. Certain leases not affected 6
9. Registrar-General and Registrar of Titles to make necessary
amendments 7
10. Repeal of various Acts relating to site 7
__________________
SCHEDULES 9
SCHEDULE 1--Land In Respect of Which Reservations Are Revoked 9
SCHEDULE 2--Plan of Road to be Closed--Queen Street 11
SCHEDULE 3--Plan of Road to be Closed--Peel Street 12
NOTES 13
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A BILL
to revoke the permanent reservations and Crown grants and provide
for the surrender of certain land in relation to the Queen Victoria
Market site, to provide for the granting of that land to the City of
Melbourne, to repeal the Melbourne General Market Site Act 1877,
the Melbourne Lands Exchange Act 1904 and the Melbourne
General Market Lands Act 1917 and for other purposes.
Queen Victoria Market Lands Act 1996
Preamble
In 1867, certain land in Melbourne was set aside
for market purposes by Order in Council dated 4
March 1867 and granted to the City of Melbourne
for general market purposes by Crown grant
Volume 345 Folio 861.
In 1877, the Melbourne General Market Site Act
1877 added further land to the site. This was
granted to the City of Melbourne by Crown grant
Volume 1098 Folio 421 which restricted the land
to use for general market purposes.
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Queen Victoria Market Lands Act 1996
s. 1
Act No.
In 1880, an additional parcel was added to the site
and reserved for market purposes by virtue of an
Order in Council dated 1 March 1880 and Crown
grant Volume 1182 Folio 224 which granted the
land to the City of Melbourne for general market
purposes.
In 1904, by virtue of the Melbourne Lands
Exchange Act 1904, a further parcel of land was
added to the site by conveyance from the
Commonwealth to the City of Melbourne.
In 1917, the Melbourne General Market Lands
Act 1917 added further land to the market site.
This was granted to the City of Melbourne by
Crown grant Volume 4776 Folio 117 for use as a
site for a market.
To facilitate the operation of the Queen Victoria
Market by the City of Melbourne, it is necessary to
revoke the reservations and the Crown grants,
provide for the surrender of the land which is the
subject of the conveyance under the 1904 Act and
close part of two roads so that part of the site can
be granted to the City of Melbourne for market
purposes and part of the land can be granted to the
City of Melbourne for other purposes related to
market uses.
The Parliament of Victoria therefore enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to revoke the permanent reservations and
Crown grants in respect of the Queen
5
Victoria Market site; and
(b) to provide for the closure of part of two
roads on the site; and
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Queen Victoria Market Lands Act 1996
s. 2 Act No.
(c) to provide for the surrender to the Crown by
the City of Melbourne of certain land
forming part of the site; and
(d) to enable the granting by the Crown of the
lands comprising the site to the City of
5
Melbourne; and
(e) to make provision for related matters.
2. Commencement
(1) Part 1 comes into operation on the day on which
this Act receives the Royal Assent.
10
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1997, it
15
comes into operation on that day.
_______________
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Queen Victoria Market Lands Act 1996
s. 3
Act No.
PART 2--QUEEN VICTORIA MARKET SITE
3. Revocation of reservations and Crown grants--Queen
Victoria Market site
(1) The Orders in Council specified in items 1 to 4 of
Schedule 1 are revoked.
5
(2) The following Crown grants are revoked--
(a) Crown grant Volume 1182 Folio 224;
(b) Crown grant Volume 4776 Folio 117;
(c) Crown grant Volume 345 Folio 861;
(d) Crown grant Volume 1098 Folio 421.
10
(3) The following folios of the Register are
cancelled--
(a) Certificate of Title Volume 4220 Folio 975;
(b) Certificate of Title Volume 4220 Folio 974.
(4) This section has effect despite anything to the
15
contrary in any Act, law or instrument.
4. Consequences of revoking reservations
On the revocation of an Order in Council
reserving land, the land to which the Order
relates--
20
(a) is divested from the City of Melbourne; and
(b) reverts to the Crown; and
(c) subject to section 8, is deemed to be
unalienated land of the Crown, freed and
discharged from all trusts, limitations,
25
reservations, restrictions, encumbrances,
estates and interests.
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Queen Victoria Market Lands Act 1996
s. 5 Act No.
5. Surrender of City of Melbourne land--Queen
Victoria Market site
By force of this section, the land described in
Memorial No. 155 Book 430 in the Office of the
Registrar-General--
5
(a) ceases to be subject to the restriction
imposed by section 4 of the Melbourne
Lands Exchange Act 1904; and
(b) is divested from the City of Melbourne; and
(c) reverts to the Crown; and
10
(d) subject to section 8, is deemed to be
unalienated land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests.
15
6. Closure of roads
(1) The part of the road shown hatched on the plan in
Schedule 2 is closed and ceases to be a road.
(2) The part of the road shown hatched on the plan in
Schedule 3 is closed and ceases to be a road.
20
(3) On the closure of a part of a road under sub-
section (1) or (2)--
(a) all rights, easements and privileges existing
or claimed by either the public or any body
or person as part of any express or implied
25
grant or past dedication or supposed
dedication or by user or by operation or any
fiction of law cease; and
(b) subject to section 8, the land is deemed to be
unalienated Crown land, freed and
30
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests.
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Queen Victoria Market Lands Act 1996
s. 7
Act No.
7. Issue of Crown grant
(1) The Governor in Council, on behalf of the Crown,
may grant to the City of Melbourne for an estate
in fee simple any land that is deemed under this
Act to be unalienated Crown land.
5
(2) A Crown grant under this section is subject to any
terms, conditions, covenants, exceptions,
reservations and limitations that the Governor in
Council may determine.
(3) A Crown grant under this section may make any
10
adjustments necessary to correct any defect in
boundaries found on survey.
8. Certain leases not affected
(1) Sections 3 to 6 do not affect the status or
continuity of any lease relating to the land
15
specified in Schedule 1 or the land to which
section 5 applies and existing immediately before
the commencement of this section.
(2) A lease referred to in sub-section (1) has effect
from the commencement of this section--
20
(a) as a lease between the Minister
administering the Land Act 1958 as lessor
and the lessee for the time being under the
lease, as if it had been assigned to the
Minister; and
25
(b) as if it referred to the Minister instead of the
lessor.
(3) The issue of a Crown grant under section 7 of any
land affected by a lease referred to in sub-section
(1) and existing immediately before the date of
30
issue of the Crown grant does not affect the status
or continuity of the lease of that land and that
lease has effect on and from the issue of the
Crown grant as a lease between the City of
Melbourne as lessor and the lessee for the time
35
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Queen Victoria Market Lands Act 1996
s. 9 Act No.
being under the lease, as if it had been assigned to
the City of Melbourne.
(4) This section has effect despite anything to the
contrary in any Act or law or in a Crown grant of
the land.
5
(5) 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 provision of a
lease, including any provision prohibiting,
restricting or regulating the assignment of the
10
lease.
9. Registrar-General and Registrar of Titles to make
necessary amendments
(1) On being requested to do so, the Registrar-
General must make all entries in the records of
15
enrolment of any Crown grant and on any
memorial relating to land that are necessary
because of the operation of any provision of this
Act.
(2) On being requested to do so and without requiring
20
the production of the certificates of title or
duplicate Crown grants, the Registrar of Titles
must make any amendments to the Register under
the Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
25
Act.
10. Repeal of various Acts relating to site
The following Acts are repealed--
(a) Melbourne General Market Site Act 1877;
(b) Melbourne Lands Exchange Act 1904;
30
(c) Melbourne General Market Lands Act
1917.
__________________
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Queen Victoria Market Lands Act 1996
Act No.
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Queen Victoria Market Lands Act 1996
Sch. 1 Act No.
SCHEDULES
SCHEDULE 1
Land In Respect of Which Reservations Are Revoked
Item 1
Situation and area of City of Melbourne at West Melbourne, Parish of
land Melbourne North, 9637 square metres, being
Crown Allotment 1, Section A
Instrument and date of Order in Council dated 4 March 1867
reservation
Description of land by Government Gazette dated 12 March 1867, page
reference to Government 521
Gazette
Particulars of Certificate of Title Volume 4220 Folio 975
registration of Crown (derived from Crown grant Volume 345 Folio
grant 861)
Purpose of reservation Site for general market purposes
Extent of revocation The entire reserve
Item 2
Situation and area of City of Melbourne at West Melbourne, Parish of
land Melbourne North, 1·839 hectares, being Crown
Allotment 2, Section F
Instrument and date of Order in Council dated 30 September 1878
reservation
Description of land by Government Gazettes dated 30 August 1878,
reference to Government page 2138 and 4 October 1878, page 2442
Gazette
Particulars of Certificate of Title Volume 4220 Folio 974
registration of Crown (derived from Crown grant Volume 1098 Folio
grant 421)
Purpose of reservation Site for a general market
Extent of revocation The entire reserve
5
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Queen Victoria Market Lands Act 1996
Sch. 1
Act No.
Item 3
Situation and area of City of Melbourne at West Melbourne, Parish of
land Melbourne North, 716 square metres, being
Crown Allotment 1A, Section A
Instrument and date of Order in Council dated 1 March 1880
reservation
Description of land by Government Gazettes dated 6 February 1880,
reference to Government page 325 and 5 March 1880, page 540
Gazette
Particulars of Crown grant Volume 1182 Folio 224
registration of Crown
grant
Purpose of reservation Site for general market purposes
Extent of revocation The entire reserve
Item 4
Situation and area of City of Melbourne at West Melbourne, Parish of
land Melbourne North, 4·176 hectares, being Crown
Allotment 1, Section F
Instrument and date of Order in Council dated 14 December 1922
reservation
Description of land by Government Gazettes dated 15 November 1922,
reference to Government page 3016 and 20 December 1922, page 3472
Gazette
Particulars of Crown grant Volume 4776 Folio 117
registration of Crown
grant
Purpose of reservation Site for a market
Extent of revocation The entire reserve
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Queen Victoria Market Lands Act 1996
Sch. 2 Act No.
SCHEDULE 2
Plan of Road to be Closed--Queen Street
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Queen Victoria Market Lands Act 1996
Sch. 3
Act No.
SCHEDULE 3
Plan of Road to be Closed--Peel Street
5
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Queen Victoria Market Lands Act 1996
Notes Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Queen Victoria Market Lands Act 1996
Act No.
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