Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
University of Melbourne Land Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 3
3. Definitions 3
4. Application 3
5. Revocation of reservation and Crown grant--Veterinary School
land 3
6. Consequences of revoking reservations 4
7. Re-reservation of land 4
8. Power to grant restricted Crown grant 4
9. Crown grant revoked if land use is inconsistent with reservation 5
10. Sale etc. not permitted 5
11. Power to grant leases 6
12. Power to grant licences 7
13. Other agreements 8
14. Registrar of Titles to make necessary amendments 8
15. Repeal of 1970 Act 8
16. Act does not affect certain interests 9
__________________
SCHEDULE--Land in respect of which reservation is revoked 10
ENDNOTES 11
i
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 1 November 2000
A BILL
to provide for the revocation of a reservation and a Crown grant
relating to land at Parkville, to provide for the re-reservation of that
land and the granting of a restricted Crown grant of that land to the
University of Melbourne, to repeal the Melbourne (Veterinary
School) Lands Act 1970 and for other purposes.
University of Melbourne Land Act 2000
Preamble
Land at Parkville was authorised to be granted
jointly to the Minister of Agriculture and the
University of Melbourne for the purposes of a
School of Veterinary Science in the University by
the University Act 1909 (No. 2174).
The land was subsequently reserved for the
purposes of a Site for a School of Veterinary
Science in the University of Melbourne by Order
in Council dated 18 November 1913 published in
the Government Gazette on 26 November 1913 at
page 5097. A restricted Crown grant Volume 3844
Folio 670 of the land was granted jointly to the
1
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
s. 1
Act No.
Minister of Agriculture and the University of
Melbourne on 2 November 1914.
The Melbourne (Veterinary School) Lands Act
1970 (No. 7937) subsequently redefined the area
of land to which the reservation and the Crown
grant applied as the result of a survey and extended
the purposes of the reservation and the conditions
of the Crown grant to include the purposes of
carrying on of veterinary research and veterinary
services by the State Department of Agriculture
and for such similar or related or connected
purposes and such other University purposes as
may be agreed by the Minister of Agriculture and
the University of Melbourne.
It is now proposed to permit the use and
development of the land as a site for science and
biotechnology education, research and
development. To facilitate that proposal, it is
expedient to revoke the existing reservation and
Crown grant, to re-reserve the land for those
purposes and to provide for the granting of a new
restricted Crown grant in favour of the University
of Melbourne.
The Parliament of Victoria therefore enacts as follows:
1. Purpose
The main purpose of this Act is to make provision
for--
(a) the revocation of a reservation and a Crown
5 grant relating to land at Parkville; and
(b) the re-reservation of that land and the
granting of a restricted Crown grant of that
land to the University of Melbourne; and
(c) leasing and licensing powers over that land.
2
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision referred to in sub-section (1) does
5 not come into operation on or before 31 December
2001, it comes into operation on that day.
3. Definitions
In this Act--
"stratum" means a part of land consisting of a
10 space of any shape above or below or partly
above and partly below the surface of the
land, all the dimensions of which are limited;
"University of Melbourne" means the body
corporate and politic by the name of "The
15 University of Melbourne" established by
section 4(1) of the Melbourne University
Act 1958.
4. Application
This Act applies despite anything to the contrary
20 in--
(a) the Crown Land (Reserves) Act 1978 and
any regulations made under that Act;
(b) the Land Act 1958; and
(c) Division 5 of Part II of the Melbourne
25 University Act 1958.
5. Revocation of reservation and Crown grant--
Veterinary School land
(1) The Order in Council specified in the Schedule is
revoked.
30 (2) Crown grant Volume 3844 Folio 670 is revoked.
3
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
s. 6
Act No.
6. Consequences of revoking reservations
On the revocation of the Order in Council
reserving land specified in the Schedule--
(a) that land is divested from the Minister of
5 Agriculture and the University of Melbourne
and reverts to the Crown; and
(b) subject to sections 7 and 16, that land is
deemed to be unalienated land of the Crown,
freed and discharged from all trusts,
10 limitations, reservations, restrictions,
encumbrances, estates and interests; and
(c) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
15 (d) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
7. Re-reservation of land
20 On the land specified in the Schedule ceasing to
be reserved, that land is deemed to be permanently
reserved under section 4 of the Crown Land
(Reserves) Act 1978 as a site for science and
biotechnology education, research and
25 development purposes.
8. Power to grant restricted Crown grant
(1) The Governor in Council, on behalf of the Crown,
may grant the land to which section 7 applies to
the University of Melbourne.
30 (2) A grant made under sub-section (1) is subject to
any trusts, terms, conditions, covenants,
exceptions, reservations and limitations (not
inconsistent with the reservation of the land under
4
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
s. 9
10
Act No.
section 7) that the Governor in Council
determines.
(3) A grant made under sub-section (1) must include a
condition that the land must not be used for any
5 purpose inconsistent with the reservation of that
land under section 7.
9. Crown grant revoked if land use is inconsistent with
reservation
(1) The Governor in Council, on the recommendation
10 of the Minister administering the Crown Land
(Reserves) Act 1978, may, by Order published in
the Government Gazette, revoke the Crown grant
granted under section 8.
(2) The Minister must not make a recommendation
15 under sub-section (1) unless he or she is satisfied
that the land granted under section 8 has been
used for a purpose inconsistent with the
reservation of that land under section 7.
(3) On the publication in the Government Gazette of
20 the Order made under sub-section (1)--
(a) the Crown grant granted under section 8 is
revoked; and
(b) the land is divested from the University of
Melbourne; and
25 (c) the land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(d) the Crown or the Minister may re-enter or
30 resume that land and hold, possess and enjoy
that land as if the Crown grant granted under
section 8 had not been made.
10. Sale etc. not permitted
5
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
Act No.
Subject to sections 11, 12 and 13, the University
of Melbourne or its successor-in-law must not
sell, mortgage or otherwise dispose of its interest
in the land granted under section 8.
5 11. Power to grant leases
(1) The University of Melbourne may grant a lease of
the land granted under section 8 or any part
(including a stratum) of that land for any purpose
not inconsistent with and not detrimental to the
10 reservation of that land.
(2) A lease granted under sub-section (1) may be for a
term not exceeding 25 years.
(3) A lease granted under sub-section (1)--
(a) may contain provision for the term of the
15 lease to be extended one or more times, but
the aggregate of the initial term and any
extensions of the term must not exceed 25
years; and
(b) may contain provision for a lessee to remain
20 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
expiry of the lease; and
25 (c) is subject to any covenants, exceptions,
reservations and conditions that are
determined by the University of Melbourne.
(4) Without limiting sub-section (3), a lease of a
stratum of the land granted under sub-section (1)
30 may include provisions relating to any of the
following--
(a) access to and use of the stratum of land to be
leased; and
6
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
s. 12
Act No.
(b) support of the stratum or other land or of any
building or structure erected or to be erected
on the land; and
(c) any necessary rights of passage or provision
5 of services (including drainage, sewerage or
the supply of water, gas, electricity or
communications systems) to or through the
stratum, where those rights are reasonably
necessary for the reasonable enjoyment of
10 the stratum or other land; and
(d) if the surface of the land above the stratum is
a road, the prevention of interference with
the public use of that land as a road by the
exercise of any of the lessee's rights or
15 obligations under the lease.
12. Power to grant licences
(1) The University of Melbourne may grant a licence
to enter and use any part (including a stratum) of
the land granted under section 8 or any building
20 on that land for any purpose not inconsistent with
and not detrimental to the reservation of that land.
(2) A licence granted under this section--
(a) may be for a period not exceeding 25 years;
and
25 (b) is subject to the terms and conditions
determined by the University of Melbourne.
(3) Without limiting sub-section (2), a licence granted
under sub-section (1) in respect of a stratum of the
land may include provisions relating to any of the
30 following--
(a) access to and use of the stratum of land to be
licensed; and
7
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
s. 13
15
Act No.
(b) support of the stratum or other land or of any
building or structure erected or to be erected
on the land; and
(c) any necessary rights of passage or provision
5 of services (including drainage, sewerage or
the supply of water, gas, electricity or
communications systems) to or through the
stratum, where those rights are reasonably
necessary for the reasonable enjoyment of
10 the stratum or other land; and
(d) if the surface of the land above the stratum is
a road, the prevention of interference with
the public use of that land as a road by the
exercise of any of the licensee's rights or
15 obligations under the licence.
13. Other agreements
(1) The University of Melbourne may enter into
agreements relating to the use or occupation of the
land granted under section 8 for any purpose not
20 inconsistent with and not detrimental to the
reservation of that land.
(2) An agreement under sub-section (1)--
(a) may be for a period not exceeding 25 years;
and
25 (b) is subject to the terms and conditions
determined by the University of Melbourne.
14. Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings
in or amendments to the Register under the
30 Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Act.
15. Repeal of 1970 Act
8
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
Act No.
The Melbourne (Veterinary School) Lands Act
No. 7937.
1970 is repealed.
16. Act does not affect certain interests
Nothing in this Act affects the status or continuity
5 of--
(a) the occupancy, or any interest in the nature
of an occupancy, by the Walter and Eliza
Hall Institute for Medical Research of any
part of the land described in Crown grant
10 Volume 3844 Folio 670 revoked by section 5
for the purposes of its quarantine animal
house facilities; or
(b) the licence dated 13 October 2000 between
the University of Melbourne and
15 Bioproperties (Australia) Pty. Ltd.
ACN 007 303 728 over any part of the land
described in Crown grant Volume 3844
Folio 670 revoked by section 5.
__________________
20
9
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
Sch.
Act No.
SCHEDULE
LAND IN RESPECT OF WHICH RESERVATION IS
REVOKED
Veterinary School land
Situation and area of land: At Parkville, Parish of Jika Jika, County of
Bourke, 1·631 hectares as redefined by Act
No. 7937, being allotment 1, section 13A.
Instrument and date of Order in Council dated 18 November
reservation: 1913.
Description of land by Government Gazettes dated 1 October
reference to Government 1913, page 4384 and 26 November 1913,
Gazette: page 5097.
Particulars of registration of Crown grant Volume 3844 Folio 670 as
Crown grant redefined by Act No. 7937
Purpose of reservation: Site for the purposes of a School of
Veterinary Science in the University of
Melbourne (amended by Act No. 7937 to
include for the purposes of carrying on of
veterinary research and veterinary services
by the State Department of Agriculture
and for such similar or related or
connected purposes and such other
University purposes as may be agreed by
the Minister of Agriculture and the
University of Melbourne).
Extent of revocation: The entire reserve.
5
10
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
University of Melbourne Land Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
11
541145B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
[Index] [Search] [Download] [Related Items] [Help]