Victorian Consolidated Legislation

Melbourne University (VCAH) Act 1992 - SECT 11

Certain land used by the College to be granted to Melbourne

11. Certain land used by the College to be granted to Melbourne



(1) The Governor in Council, by Order published in the Government Gazette, may
approve a plan of survey, signed by the Surveyor-General, of land being part
of the land described in clause 6 of Part 1 of the Schedule, other than the
land bordered in red on the plan lodged in the Central Plan Office and bearing
the identifying reference LEGL 91/47 or that land as nearly as practicable.

(2) Despite anything to the contrary in any Act or law, on the date of
publication of the Order in the Government Gazette the land in the plan of
survey is deemed to be unalienated land of the Crown and, subject to this
section, is freed and discharged from all trusts, limitations, reservations,
restrictions, encumbrances, estates and interests.

(3) As soon as practicable after the date of publication of the Order in the
Government Gazette, the Governor in Council shall grant the land in the plan
of survey to Melbourne for an estate in fee simple.

(4) 1On the appointed day-

   (a)  despite anything to the contrary in any Act or law, the land described
        in clauses 1 to 5, 7 and 8 of Part 1 of the Schedule is deemed to be
        unalienated land of the Crown and, subject to this section, is freed
        and discharged from all trusts, limitations, reservations,
        restrictions, encumbrances, estates and interests;

   (b)  any Order in Council reserving or purporting to reserve that land and
        specified in clauses 1 to 5, 7 and 8 of Part 1 of the Schedule is
        revoked to the extent that it applies to that land.

(5) The revocation of a reservation by this section does not affect any demise
under Part III of the Land Act 1958 existing immediately before the appointed
day.

(6) If land subject to a demise mentioned in subsection (5) is granted to
Melbourne, section 273(3) and (4) of the Land Act 1958 cease to apply to that
land and section 273(1) and (2) apply as if they referred to Melbourne instead
of the Minister.

(7) The revocation of any reservation under this section and any grant made
under this section do not affect the continuity of any licence existing over
any land to which the revocation or grant applies, being a licence granted by
the College or any of its predecessors in law.

(8) 2The Governor in Council, on behalf of the Crown-

   (a)  shall as soon as practicable after the appointed day grant the land in
        clause 1 of Part 1 of the Schedule to Melbourne for an estate in fee
        simple; and

   (b)  shall as soon as practicable after the appointed day grant the land in
        clauses 2 to 5, 7 and 8 in that Part to Melbourne for an estate in fee
        simple.

(9) A Crown grant under this section-

   (a)  may adjust the boundaries of the land described in Part 1 of the
        Schedule in any respect in order to overcome any defect found on
        survey; and

   (b)  must include the condition that the land in the grant must be used for
        agricultural education or for some other purpose approved by the
        Minister in accordance with subsection (10); and

   (c)  may be made subject to any other terms, conditions, covenants,
        exceptions, reservations and limitations that the Governor in Council
        may determine.

(10) Part of the land in a Crown grant under this section may with the
approval of the Minister be used for purposes other than agricultural
education but so that at all times the main use of the land in the grant is
agricultural education.

(11) If before the appointed day an Order has been made under section 14(3) of
the Land (Further Miscellaneous Matters) Act 1990, then on and from the
appointed day Part 1 of the Schedule has effect as if in clause 2 after "1964"
there were inserted "and the land described in items 2 and 3 of Schedule 5 of
the Land (Further Miscellaneous Matters) Act 1990".

(12) Despite anything in this section or in any Crown grant under this
section, the rights of entry and use over the land described in item 1 of
Schedule 5 of the Land (Further Miscellaneous Matters) Act 1990 and mentioned
in sections 13 and 14(4)(b) of that Act continue.

(13) If an Order under section 14(3) of the
Land (Further Miscellaneous Matters) Act 1990 has not been made on the
appointed day, then on the appointed day that Act is amended as follows-

   (a)  for section 14(3)(a) substitute-



"(a) declare that the land specified in item 2 of Schedule 5 is unalienated
land of the Crown; and";

(b) in section 14(4)(a) for "the land specified in item 2 of Schedule 5"
substitute "any Crown grant of the land specified in item 2 of Schedule 5 is
revoked to the extent that it applies to the land specified in that item and
the land specified in that item".

(14) 3Until the land described in Part 1 of the Schedule is granted under this
section, the Company (as the successor in law of the College) may continue to
exercise over the land any right of use or management that the College may
have under the Victorian College of Agriculture and Horticulture Act 1982.

(15) No compensation is payable by the Crown or Melbourne in respect of
anything done under or arising out of this section.