Victorian Consolidated Legislation

Melbourne (Widening of Streets) (Repeal) Act 1986 - SECT 4

Sale of land by Council

4. Sale of land by Council



(1) The Council of the City of Melbourne may sell any land vested in the City
of Melbourne which was acquired for the purposes of the Melbourne (Widening of
Streets) Act 1940.

(2) Land to be sold under sub-section (1) may be sold only to the owner of
land abutting that land.



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

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

(5) The proceeds of any sale under this section must be paid into the town
fund of the City of Melbourne.

(6) Subject to sub-section (7), all rights of carriageway over land sold under
this section cease and determine on the registration of any transfer or the
execution of any conveyance in respect of the land.

(7) If immediately before the registration of any transfer or the execution of
any conveyance in respect of land sold under 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 referred to in sub-section (8), the public statutory corporation
continues to have and possess in respect of the land the same right, title,
power, authority or interest.

(8) Sub-section (7) applies to any right, title, power, authority or interest
in land with respect to or in connection 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) In sub-section (2), "owner" means the person for the time being entitled
(whether on the person's own account or as the agent of or trustee for any
other person) to receive or who, if the land were let to a tenant at a rent,
would be entitled to receive the rent.

--------------- ENDNOTES 1. General Information Minister's second reading
speech- Legislative Council: 22 October 1986 Legislative Assembly: 29 October
1986 The long title for the Bill for this Act was "A Bill to repeal the
Melbourne (Widening of Streets) Act 1940 and the Melbourne (Widening of
Streets) Act 1943 and for other purposes.". The
Melbourne (Widening of Streets) (Repeal) Act 1986 was assented to on 16
December 1986 and came into operation on 1 January 1987: section 2. 2. Table
of Amendments There are no amendments made to the
Melbourne (Widening of Streets) (Repeal) Act 1986 by Acts and subordinate
instruments. 3. Explanatory Details No entries at date of publication.

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Act No. 97/1986





Melbourne (Widening of Streets) (Repeal) Act 1986