Victorian Consolidated Legislation

Melbourne Market and Park Lands Act 1933 - SECT 4

Appointment of council of city of Melbourne as committee of management of certain lands

4. Appointment of council of city of Melbourne as committee of management of
certain lands



(1) After the land described in the Third Schedule has been temporarily
reserved for public gardens the Governor in Council may by Order published in
the Government Gazette appoint the said council to be a committee of
management of the said land, and from and after the date of such appointment
the said council shall with moneys provided out of the town fund (which is
hereby declared to be available for the purpose) improve and maintain the said
land to the satisfaction of the Minister.

(2) After the Treasurer of Victoria has caused to be laid out as public
gardens so much of the land described in the Fourth Schedule as is for the
time being not required for buildings and any extensions thereof and
approaches thereto the Governor in Council may, notwithstanding anything in
the Land Acts, by Order published in the Government Gazette appoint the said
council to be a committee of management of such land, and from and after the
date of such appointment the said council shall with moneys provided out of
the town fund (which is hereby declared to be available for the purpose)
improve and maintain such land to the satisfaction of the Minister.

(3) On the surrender to His Majesty of the lands described in Parts I, II and
III of the Fifth Schedule the Governor in Council may by Order published in
the Government Gazette appoint the said council to be a committee of
management of the lands described in the said Schedule, and from and after the
date of such appointment the said council with moneys provided out of the town
fund (which is hereby declared to be available for the purpose) shall maintain
to the satisfaction of the Minister the lands described in the said Schedule
other than the hereinbefore recited portions thereof acquired for railway and
tramway purposes.

(4) After the Treasurer of Victoria has caused to be laid out as a public park
and gardens the lands described in Parts I, III and IV of the Sixth Schedule
other than such portion thereof as is occupied by the monument known as the
Shrine of Remembrance and has caused to be provided thereon an adequate system
of reticulated piping for the distribution of water and an adequate system of
drainage the Governor in Council may, notwithstanding anything in the Land
Acts, by Order published in the Government Gazette appoint the said council to
be a committee of management of such lands other than the portion aforesaid,
and from and after the date of such appointment the said council shall with
moneys provided out of the town fund (which is hereby declared to be available
for the purpose) improve and maintain such lands other than the portion
aforesaid to the s atisfaction of the Minister.

Provided that the said council shall not alter the design or lay out of the
land described in Part I of the said Sixth Schedule without the consent in
writing of the Shrine of Remembrance Trustees.

(5) Notwithstanding anything in the Land Acts, for the purposes of this Act-

   (a)  with respect to so much of the land described in the Fourth Schedule
        as is not required for buildings and any extensions thereof and
        approaches thereto as aforesaid, section one hundred and eighty-two
        and sub-sections (2), (3), (4) and (5) of section one hundred and
        eighty-three of the Land Act 1928 shall be read and construed and have
        effect as if the said land were reserved from sale permanently for the
        purposes of a public garden and the said council were appointed to be
        a committed of management thereof under sub-section (1) of the
        last-mentioned section; and

   (b)  with respect to the land described in Part I of the Sixth Schedule
        other than such portion thereof as is occupied by the Shrine of
        Remembrance sub-sections (2), (3), (4), and (5) of section one hundred
        and eighty-three of the Land Act 1928 shall be read and construed and
        have effect as if the said land were reserved from sale permanently
        for the purposes of a public park and gardens and the said council
        were appointed to be a committee of management thereof under
        sub-section (1) of the said section.