Version No. 002
Carlton (Recreation Ground) Land Act 1966
No. 7412 of 1966
Version incorporating amendments as at
18 December 2013
table of provisions
Section Page
ii
Section Page
1 Short title 2
2 Definitions 2
3 Corporation may grant leases of leasable land 3
4 Corporation may make advances out of municipal fund 4
6 Registrar-General and Registrar of Titles to make necessary amendments 4
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SCHEDULES 5
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ENDNOTES 6
1. General Information 6
2. Table of Amendments 7
3. Explanatory Details 8
ii
Version No. 002
Carlton (Recreation Ground) Land Act 1966
No. 7412 of 1966
Version incorporating amendments as at
18 December 2013
An Act to authorize the Granting of Leases of certain Land at Carlton in the City of Melbourne permanently reserved as a Site for a Public Park, and for other purposes.
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Carlton (Recreation Ground) Land Act 1966
No. 7412 of 1966
Preamble
WHEREAS by an Order in Council of the 9th day of June, 1873 certain land in the City of Melbourne known as Princes Park was permanently reserved as a site for a public park and by Crown Grant Volume 600 Folio 119908 dated the 13th day of June, 1873[1] that land was vested in the Board of Land and Works and the mayor aldermen councillors and citizens of the City of Melbourne as a site for a public park:
AND WHEREAS by an Order in Council of the 9th day of October, 1917[2] the council of the City of Melbourne was appointed as committee of management of the said land:
AND WHEREAS the land described in the Schedule is part of the said land and is used for the purposes of sport and recreation:
AND WHEREAS it is expedient to authorize the council of the City of Melbourne as committee of management of the said land to grant leases of the land described in the Schedule:
AND WHEREAS it is expedient to empower the said council to make loans to lessees of the land described in the Schedule:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title
s. 1
This Act may be cited as the Carlton (Recreation Ground) Land Act 1966.
S. 2 (Heading) inserted by No. 79/2013 s.31(1).
2 Definitions
In this Act unless inconsistent with the context or subject-matter—
S. 2 def. of Council substituted as corporation by No. 7583 s.3.
corporation means corporation of the City of Melbourne;
S. 2 def. of leasable land inserted by No. 79/2013 s.31(2).
leasable land means—
(a) the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./11-042, being Crown Allotments 2030 and 2031, Parish of Jika Jika at Carlton; and
(b) the stratum specified in the Order in Council dated 5 December 1995, published in the Government Gazette dated 7 December 1995, pages 3448 to3451, being Crown Allotment 1A of Section 118A at Carlton, Parish of Jika Jika.
S. 3 (Heading) substituted by No. 79/2013 s.32(1).
3 Corporation may grant leases of leasable land
s. 3
S. 3(1) substituted by No. 7583 s.4.
(1) Any previous appointment of a committee of management of the land in the City of Melbourne known as Princes Park permanently reserved by the hereinbefore recited Order in Council of the 9th day of June, 1873 as a site for a public park is hereby revoked and the corporation is hereby appointed committee of management of the said land.
S. 3(1A) inserted by No. 7583 s.4, amended by Nos 88/1995 s.4, 79/2013 s.32(2).
(1A) Notwithstanding anything in any Act the corporation as committee of management of the said land known as Princes Park may from time to time grant leases of the leasable land for the purposes of sport or recreation or social or cultural or educational activities or purposes connected therewith including the erection of buildings.
(2) A lease under this section—
S. 3(2)(a) amended by No. 7583 s.5.
(a) shall be subject to such covenants conditions exceptions and reservations as the corporation thinks fit;
S. 3(2)(b) amended by No. 8703 s.2.
(b) shall be for a term not exceeding forty years; and
(c) shall if the term exceeds three years be subject to approval by the Governor in Council.
S. 3(3) amended by Nos 7583 s.5, 41/1987 s.103(Sch. 4 item 6.1).
(3) The moneys received by way of rent under any lease granted under this section shall be applied by the corporation towards the maintenance and improvement of the whole or any part of the said land permanently reserved as aforesaid or for such other purpose as the Minister in any particular case approves.
(4) No person or body of persons whosoever or whatsoever shall be entitled to receive or shall receive from the Crown any money or consideration by way of compensation in respect of any improvement whatsoever or of any act matter or thing under this section.
4 Corporation may make advances out of municipal fund
s. 4
S. 4(1) amended by Nos 7583 s.5, 88/1995 s.5, 79/2013 s. 33.
(1) The corporation may apply out of the municipal fund a sum or sums not exceeding in the aggregate $200000 for the purpose of making a loan or loans to any lessee of the leasable land for the purpose of erecting buildings on or making other improvements to the leasable land.
S. 4(2) amended by No. 7583 s.5.
(2) Any loan made by the corporation to a lessee shall be upon such terms and conditions as the corporation thinks fit.
S. 5
inserted by No. 88/1995 s.6, repealedby No. 79/2013 s.34.
* * * * *
S. 6
inserted by No. 88/1995 s.6.
6 Registrar-General and Registrar of Titles to make necessary amendments
(1) The Registrar-General must make all entries on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of any provision of this Act.
(2) The Registrar of Titles must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.
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SCHEDULES
Sch. substituted by No. 7583 s.6, re-numbered as Sch. 1 by No.88/1995 s.7(a), amended by No. 88/1995 s.7(b), repealed by No. 79/2013 s.35.
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s. Sch.
Sch. 2 inserted by No. 88/1995 s.8, repealedby No. 79/2013 s.35.
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ENDNOTES
Endnotes
1. General Information
The Carlton (Recreation Ground) Land Act 1966 was assented to on 17May 1966 and came into operation on 17May 1966.
2. Table of Amendments
This Version incorporates amendments made to the Carlton (Recreation Ground) Land Act 1966 by Acts and subordinate instruments.
Endnotes
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Carlton (Recreation Ground) (Amendment) Land Act 1967, No. 7583/1967
Assent Date: / 21.11.67Commencement Date: / 21.11.67
Current State: / All of Act in operation
Carlton (Recreation Ground) Land Act 1975, No. 8703/1975
Assent Date: / 16.5.75Commencement Date: / 16.5.75: s. 1(3)
Current State: / All of Act in operation
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date: / 19.5.87Commencement Date: / S. 103(Sch. 4 item 6.1) on 1.7.87: Government Gazette 24.6.87 p. 1694
Current State: / This information relates only to the provision/s amending the Carlton (Recreation Ground) Land Act 1966
Carlton (Recreation Ground) Land (Amendment) Act 1995, No. 88/1995
Assent Date: / 5.12.95Commencement Date: / 5.12.95
Current State: / All of Act in operation
Parks and Crown Land Legislation Amendment Act 2013, No. 79/2013
Assent Date: / 17.12.13Commencement Date: / Ss 31–35 on 18.12.13: s. 2(1)
Current State: / This information relates only to the provision/s amending the Carlton (Recreation Ground) Land Act 1966
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3. Explanatory Details
Endnotes
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[1] Preamble: Government Gazette 13 June 1873 page 1059.
[2] Preamble: Government Gazette 17 October 1917 page 3258.