Victorian Consolidated Legislation

Melbourne Market Authority Act 1977 - SECT 42

Transfer of Melbourne wholesale fruit and vegetable market

42. Transfer of Melbourne wholesale fruit and vegetable market



(1) On the appointed day-

   (a)  the market land shall, without other authority than this Act, vest in
        the Trust;

   (b)  all right, title and interest of the Council in or in relation to the
        ownership, control, maintenance and management of the Melbourne
        wholesale fruit and vegetable market shall, without other authority
        than this Act, be transferred to and vest in the Trust; and

   (c)  the Council is entitled to such consideration as is approved by the
        Governor in Council under section 40.

(2) On and after the appointed day-

   (a)  for the condition in folio of the Register Volume 8761 Folium 267 that
        the land to which it relates shall at all times be used as and for a
        site for a market and for other municipal purposes there shall be
        substituted a condition that that land shall at all times be used as
        and for a site for a market or for a purpose authorized under this
        Act;

   (b)  that part of the market land that is comprised in folio of the
        Register Volume 9150 Folium 224 shall cease to be subject to the
        condition that the said land shall at all times be used as and for a
        site for a market and for other municipal purposes but shall be
        subject to a condition that that land shall at all times be used as
        and for a site for a market or for a purpose authorized under this
        Act; and

   (c)  subject to this subsection, the market land is subject to the
        conditions recorded in any relevant folio of the Register.



(3) The Registrar of Titles must make any recordings in the Register that are
necessary or expedient because of subsections (1) and (2).



(4) On or before the appointed day, the Trust and the Council may enter into
an agreement, not inconsistent with this Act, for the purposes of this
section, as part of, or in addition to, an agreement that may be entered into
under section 41.

(5) An agreement referred to in subsection (4) shall take effect on the
appointed day and may contain-

   (a)  terms and conditions relating to the giving of such consideration by
        the Trust to the Council as is approved by the Governor in Council
        under section 40 and to the manner in which the consideration shall be
        given; and

   (b)  such other matters as in the opinion of the Trust and the Council it
        is necessary or convenient to include in the agreement.

(6) If, before the appointed day, the Trust and the Council do not agree with
respect to a question arising in relation to a proposed agreement under this
section or a question otherwise arising in relation to the transfer to the
Trust of the right, title and interest of the Council referred to in
subsection (1) (other than a question to which section 41 applies), the Trust
or the Council may refer the question to the Minister and the Minister shall
determine the question.