Victorian Consolidated Legislation

Chinatown Historic Precinct Act 1984 - SECT 24

Sale of land abutting Little Bourke-street

24. Sale of land abutting Little Bourke-street



(1) The Council may upon the recommendation of the Committee sell any land
vested in the City of Melbourne, acquired for the purposes of the Melbourne
(Widening of Streets) Act 1940 and abutting Little Bourke-street between
Exhibition-street and Swanston-street in the City of Melbourne.

(2) Land to be sold pursuant to subsection (1) may be sold only to the owner
of land abutting that land.

(3) The sale price of land to be sold pursuant to subsection (1) shall be
based upon the current market value of the land as determined by the
Valuer-General at a date not more than six months prior to the date of sale.



(4) The reasonable expenses incurred by the Valuer-General in making a
valuation for the purposes of this section shall be paid out of the town fund
of the City of Melbourne.

(5) The proceeds of any sale pursuant to this section shall be paid into the
town fund of the City of Melbourne.

(6) Upon the registration of any transfer or the execution of any conveyance
in respect of land sold pursuant to this section all rights of carriageway
over the land shall cease and determine.

(7) Notwithstanding subsection (6), where immediately before the registration
of any transfer or execution of any conveyance in respect of land sold
pursuant to this section a public statutory corporation had or possessed in
respect of the land (whether by virtue of any easement or grant or by force of
any Act) any right title power authority or interest to which this subsection
applies, the public statutory corporation shall continue thereafter to have
and possess in respect of the land the same right title power authority or
interest.

(8) Subsection (7) applies to any right title power authority or interest in
land with respect to or in connexion with any drains pipes wires or cables
laid or erected in on or over the land or a part of the land for the purpose
of drainage or sewerage or for the supply of water gas or electricity or for
telegraph or telephone or other like purpose.

(9) On and from the registration of any transfer or the execution of any
conveyance in respect of land sold pursuant to this section, the Melbourne
(Widening of Streets) Act 1940 and any by-laws made pursuant to that Act shall
cease to apply to or in relation to that land.

(10) In subsection (2), owner means the person who is entitled to receive the
rack-rent for the land or who, if the land were let at a rack-rent, would be
entitled to receive the rent.