Version No. 012
Kew and Heidelberg Lands Act 1933
Act No. 4194/1933
Version incorporating amendments as at 11 October 2006
table of provisions
SectionPage
1
SectionPage
1.Short title
2.Definitions
3.Revocation of permanent reservations and Crown grants
4.Proclamation of public highways
5.Reservation of certain lands
6.Constitution and membership of the Trust
6A.Terms of appointment, removal, resignation and vacancies
6B.Fees and allowances
6C.Validity of decisions
6D.Proceedings of the Trust
6E.Disclosure of interest
6F.Immunity of trustees
7.Appointment of Secretary
7AA.Resignation and removal from office
7AB.Staff of Trust
7A.Yarra Bend Park Trust
7B.Park vested in Trust
7C.Functions and powers of Trust
7D.References to trustees in other Acts
8.Regulations
8A.Reference to Ninth Schedule
9.Payment of certain moneys for maintenance etc. of lands described in Ninth Schedule
10.Investment
11.Borrowing powers
12.Lease and licences
13.Financial year of Trust
14.Accounts and records
15.Annual report
16.Audit
17.Extensions of area of Park
______
SCHEDULES
SCHEDULE 1—Land permanently reserved as a site for public park
and recreation
SCHEDULE 2—Land permanently reserved as a site for lunatic asylum
SCHEDULE 3—Amended description of land permanently reserved as a site for public park
SCHEDULE 4—Land reserved for road purposes
SCHEDULE 5—Portion of Johnston Street Bridge Road, proclaimed a public highway
SCHEDULE 6—Land comprising portions of the lands described in
the Third and Fourth Schedules to this Act to be proclaimed a public highway
SCHEDULE 7—Lands being portion of the lands described in the Second, Third and Fourth Schedules to this Act to
be proclaimed a public highway
SCHEDULE 8—Land being portion of the land described in the
Second Schedule to this Act to be temporarily
reserved as a site for a mental hospital
SCHEDULE 9—Lands, being the lands described in the First, Third, Fourth and Fifth Schedules to this Act together with portion of the land described in the Second Schedule
to this Act and certain land of the Crown (being portion of the land described in the Second Part of the Schedule to Act No. 2112) but less the lands described in the Sixth and Seventh Schedules to this Act and in Part A
of the Tenth Schedule to Act No. 3731, to be permanently reserved for a public park and recreation
SCHEDULE 10—Plan of land to be added to the park
═══════════════
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 012
Kew and Heidelberg Lands Act 1933
Act No. 4194/1933
Version incorporating amendments as at 11 October 2006
An Act to provide for the Revocation of the Permanent Reservation of certain Lands situate in the Shire of Heidelberg and in the City of Kew permanently reserved respectively as a Site for Public Park and Recreation and as a Site for Lunatic Asylum and for the Revocation of the Permanent Reservation and Crown Grant of certain Lands situate in the said City permanently reserved as a Site for Public Park and for the closing of certain Roads situate in the said City and for the Proclamation of certain Lands situate in the said City as Public Highways and for the Permanent Reservation of certain Lands situate in the said Shire and in the said City as a Site for a Public Park and Recreation and for the Grant thereof to Trustees and for the Temporary Reservation of certain Land situate in the said City as a Site for a Mental Hospital, and for other purposes.
1
Act No. 4194/1933
Kew and Heidelberg Lands Act 1933
Preamble
WHEREAS by an Order in Council dated the twelfth day of October One thousand nine hundred and twenty-six[1] the land described in the First Schedule to this Act was permanently reserved as a site for public park and recreation:
AND WHEREAS by an Order in Council dated the twenty-seventh day of June One thousand eight hundred and sixty-four[2] the land described in the Second Schedule to this Act was permanently reserved as a site for lunatic asylum:
AND WHEREAS pursuant to paragraph (58) of section three of The Railway Construction Act 1884 portion of the land described in the said Second Schedule was acquired for railway purposes:
AND WHEREAS by an Order in Council dated the thirteenth day of March One thousand eight hundred and seventy-seven[3] the land described in the Third Schedule to this Act (which is the land described in the Ninth Schedule to the Melbourne and Metropolitan Board of Works Act 1928) was permanently reserved as a site for public park, and by a Crown grant bearing date the seventeenth day of May One thousand eight hundred and seventy-six and entered in the Register Book of the Office of Titles volume 1246 folium 249076 the said land was granted to the Board of Land and Works and the mayor councillors and burgesses of the borough (now city) of Kew on trust for the purposes aforesaid:
Preamble
AND WHEREAS by sub-section (1) of section two hundred and fifty-three of the Melbourne and Metropolitan Board of Works Act 1928 the hereinbefore recited Order in Council dated the thirteenth day of March One thousand eight hundred and seventy-seven and Crown grant bearing date the seventeenth day of May One thousand eight hundred and seventy-six, so far as the same relate to the land described in Part A of the Tenth Schedule to the said Act, are declared to have been revoked:
AND WHEREAS by sub-section (2) of section two hundred and fifty-three of the Melbourne and Metropolitan Board of Works Act 1928 it is declared that a right of carriage-way over the land described in Part B of the Tenth Schedule to the said Act (being portion of the land described in the said Third Schedule) was granted on the twelfth day of February One thousand nine hundred and twenty-four to the Melbourne and Metropolitan Board of Works and that such grant is to be deemed to include also a right of carriage-way over the land described in Part C of the Tenth Schedule to the said Act (being a further portion of the land described in the said Third Schedule):
AND WHEREAS the land described in the Fourth Schedule to this Act was reserved for road purposes by an Order in Council dated the sixteenth day of January One thousand eight hundred and sixty[4]:
AND WHEREAS the land described in the Fifth Schedule to this Act is portion of a road known as Johnston-street Bridge-road proclaimed a public highway by an Order in Council dated the fourth day of September One thousand eight hundred and sixty-five[5]:
AND WHEREAS the land described in the Sixth Schedule to this Act comprises portions of the lands described in the said Third and Fourth Schedules:
AND WHEREAS the land described in Part I of the Seventh Schedule to this Act is portion of the land described in the said Second Schedule:
AND WHEREAS the lands described in Parts II and III of the said Seventh Schedule comprise portions of the lands described in the said Third and Fourth Schedules:
AND WHEREAS the lands described in the Eighth Schedule to this Act are portions of the lands described in the said Second Schedule:
Preamble
AND WHEREAS the land described in Part I of the Ninth Schedule to this Act comprises the land described in the said Second Schedule less the lands described in Part I of the said Seventh Schedule and in the said Eighth Schedule and less the hereinbefore recited portion of the land described in the said Second Schedule acquired for railway purposes:
AND WHEREAS the land described in Part II of the said Ninth Schedule comprises the land described in the said First Schedule:
AND WHEREAS the land described in Part III of the said Ninth Schedule comprises the lands described in the said Third Fourth and Fifth Schedules and certain unalienated land of the Crown (which is the land described in the Second Part of the Schedule to the Studley Park Bridge Land Act 1907 excepting the portion thereof comprised in the land described in the said Fourth Schedule) but less the lands described in the said Sixth Schedule and in Parts II and III of the said Seventh Schedule and less the hereinbefore recited land described in Part A of the Tenth Schedule to the Melbourne and Metropolitan Board of Works Act 1928:
AND WHEREAS it is expedient that the hereinbefore recited Order in Council dated the twelfth day of October One thousand nine hundred and twenty-six relating to the land described in the said First Schedule should be revoked and that the hereinbefore recited Order in Council dated the twenty-seventh day of June One thousand eight hundred and sixty-four, so far as the same has not been revoked, should be revoked and that the hereinbefore recited Order in Council dated the thirteenth day of March One thousand eight hundred and seventy-seven and Crown grant bearing date the seventeenth day of May One thousand eight hundred and seventy-six relating respectively to the land described in the said Third Schedule, so far as the same had not been revoked, should be revoked:
Preamble
AND WHEREAS it is expedient that the hereinbefore recited Order in Council dated the sixteenth day of January One thousand eight hundred and sixty relating to the land described in the said Fourth Schedule and the hereinbefore recited Order in Council dated the fourth day of September One thousand eight hundred and sixty-five, so far as the said Order in Council relates to the land described in the said Fifth Schedule, should be revoked and that the road described in the said Fourth Schedule and the portion of the road known as Johnston-street Bridge-road described in the said Fifth Schedule should be closed:
AND WHEREAS it is expedient that the lands described in the said Sixth and Seventh Schedules should be proclaimed as public highways and that the lands described in the said Eight Schedule should be temporarily reserved as a site for a mental hospital and that the lands described in the said Ninth Schedule should be permanently reserved as a site for a public park and recreation and granted to trustees upon trust for such purposes:
AND WHEREAS it is expedient to provide as hereinafter enacted for the control and management of the lands described in the said Ninth Schedule and for the appointment of trustees of the said lands:
BE IT THEREFORE ENACTED by the King'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 Kew and Heidelberg Lands Act 1933.
S. 2 substituted by No. 16/1990
s. 4.
2.Definitions
In this Act—
"financial accommodation" has the same meaning as in the Borrowing and Investment Powers Act 1987;
S. 2 def. of "Park" substituted by No. 94/1995
s. 15.
"Park" means—
(a)the land for the time being reserved under the Order in Council dated 26 March 1935 and referred to in the Crown granted entered in the Register Book of the Office of Titles in Volume 6443 Folio 407; and
(b)the land shown hatched on the plan in the Tenth Schedule;
"Trust" or "Trustees" means the Yarra Bend Park Trust established by this Act;
"Trustee" means a member of the Trust.
3.Revocation of permanent reservations and Crown grants
s. 3
(1)On the commencement of this Act—
(a)the hereinbefore recited Order in Council dated the twelfth day of October One thousand nine hundred and twenty-six relating to the land described in the First Schedule shall be hereby revoked;
(b)the hereinbefore recited Order in Council dated the twenty-seventh day of June One thousand eight hundred and sixty-four relating to the land described in the Second Schedule, so far as the same has not been revoked, shall be hereby revoked;
(c)the hereinbefore recited Order in Council dated the thirteenth day of March One thousand eight hundred and seventy-seven and Crown grant bearing date the seventeenth day of May One thousand eight hundred and seventy-six relating respectively to the lands described in the Third Schedule, so far as the same have not been revoked, shall be hereby revoked; and
(d)the hereinbefore recited Order in Council dated the sixteenth day of January One thousand eight hundred and sixty relating to the land described in the Fourth Schedule shall be hereby revoked and the road described in the Fourth Schedule shall be closed and all rights easements or privileges existing or claimed as regards the said road or the land forming the same either in the public or by any body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine—
and, subject to the provisions of the next succeeding sub-section, all the said lands shall be and be deemed to be unalienated lands of the Crown freed and discharged from all trusts limitations restrictions and encumbrances whatsoever.
(2)Nothing in the last preceding sub-section shall in any way affect the provisions of sub-sections (2), (4) or (5) of section two hundred and fifty-three of the Melbourne and Metropolitan Board of Works Act 1928 or any right or property thereby declared or deemed to have been granted or transferred to or vested in the Melbourne and Metropolitan Board of Works.
s. 3
(3)The Registrar of Titles shall make all such entries upon any Crown grant or duplicate thereof or upon any certificate or duplicate certificate of title as are necessary or expedient in consequence of this Act, and the holder of any such document shall produce the same to the Registrar of Titles for such purpose.
4.Proclamation of public highways
s. 4
(1)The Governor in Council may by Order published in the Government Gazette proclaim as public highways the lands described in the Sixth and Seventh Schedules.
(2)On a day appointed in that behalf by the Governor in Council and published in the Government Gazette the hereinbefore recited Order in Council of the fourth day of September One thousand eight hundred and sixty-five, so far as the same relates to the land described in the Fifth Schedule, shall be hereby revoked and the portion of the road known as Johnston-street Bridge-road described in the Fifth Schedule shall be closed and all rights easements or privileges existing or claimed as regards the said portion of the said road or the land forming the same either in the public or by any body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine and the said land shall be and be deemed to be unalienated land of the Crown freed and discharged from all trusts limitations restrictions and encumbrances whatsoever.
5.Reservation of certain lands
After the proclamation of the public highways and the revocation of the Order in Council referred to in the last preceding section the Governor in Council may in accordance with the provisions of the Land Acts—
(a)temporarily reserve the land described in the Eighth Schedule as a site for a mental hospital; and
(b)permanently reserve the lands described in the Ninth Schedule as a site for a public park and recreation and grant the same to trustees appointed as hereinafter provided subject to such trusts limitations conditions and exceptions as the Governor in Council determines.
S. 6
amended by Nos 4843 s. 3, 6932 s. 2(a),
16/1990 s. 8(a), substituted by No. 94/1995
s. 16.
6.Constitution and membership of the Trust
s. 6
(1)The Trust consists of 7 trustees appointed by the Minister.
(2)Of the persons appointed as trustees—
(a)one is to be a councillor for the City of Darebin appointed by the Minister from a panel of 3 names submitted by the Council of the City of Darebin; and
(b)one is to be a councillor for the City of Boroondara appointed by the Minister from a panel of 3 names submitted by the Council of the City of Boroondara; and
(c)one is to be a councillor for the City of Yarra appointed by the Minister from a panel of 3 names submitted by the Council of the City of Yarra; and
(d)4 are to be the nominees of the Minister.
(3)If a council referred to in sub-section (2)(a), (b) or (c) fails to submit a panel of names within one month of receiving a request in writing to do so, the Minister may appoint any councillor of that council to fill the vacancy.
(4)A person who is appointed as a trustee under sub-section (2)(a), (b) or (c) holds office as a trustee only while he or she continues to be a councillor of the municipal district that he or she represents.
(5)A person cannot be a trustee during any period that he or she is employed by the Trust or is the Secretary of the Trust.
(6)The Minister must appoint a chairperson and a deputy chairperson from the trustees.
(7)If the chairperson is absent or unable to perform his or her duties as chairperson, the deputy chairperson must act as chairperson and, while acting as chairperson, has all the powers and duties of the chairperson.
(8)On the commencement of section 16 of the Land Revocation (And Other Matters) Act 1995—
(a)the trustees holding office immediately before that commencement cease to hold office; and
(b)the Trust is deemed to be the same body despite the change in its trustees.
S. 6A
inserted by No. 94/1995
s. 16.
6A.Terms of appointment, removal, resignation and vacancies
s. 6A
(1)A trustee holds office for a period, not exceeding 3 years, specified in the instrument of his or her appointment and is eligible for re-appointment.
(2)The instrument of appointment of a trustee may specify terms and conditions of appointment.
S. 6A(3) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 109), 80/2006 s. 26(Sch. item 57).