Version No. 001
Land (Further Miscellaneous Matters) Act 1990
Act No. 6/1990
Version incorporating amendments as at 21 February 2001
table of provisions
SectionPage
1
SectionPage
PART 1—PRELIMINARY
1.Purposes
2.Commencement
part 2—sebastopol land3
3.Revocation of reservation
part 3—north bendigo land4
4.Revocation of reservation
part 4—Repealed4
5–9.Repealed4
PART 5—LILYDALE LAND5
10.Revocation of reservation
11.Land deemed unalienated Crown land
12.Land management
PART 6—DOOKIE LAND6
13.Road construction
14.Excision, road closure and re-reservation
part 7—general9
15.Repeal of provision relating to Albert Park Land
16.Repealed9
17.Repeal of Bendigo Aerodrome Act 1973
18.Repealed9
19.No compensation payable by Crown
20.Registrar of Titles and Registrar-General to make necessary amendments
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SCHEDULES10
SCHEDULE 1—Land in respect of which the permanent reservation is revoked
SCHEDULE 2—Sebastopol land
SCHEDULE 3—Albert Park land
SCHEDULE 4—Lilydale land
SCHEDULE 5—Dookie land
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Land (Further Miscellaneous Matters) Act 1990
Act No. 6/1990
Version incorporating amendments as at 21 February 2001
1
Land (Further Miscellaneous Matters) Act 1990
Act No. 6/1990
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The purposes of this Act are—
(a)to revoke the permanent reservation of land at Sebastopol so that the land may be proclaimed as a road; and
(b)to revoke the permanent reservation for railway purposes of land at North Bendigo; and
(c)to revoke the permanent reservation of land at Albert Park and to make other provision to facilitate the development of the land as a sporting complex; and
(d)to revoke the permanent reservation of land at Lilydale so that the boundaries of Lions Park Lilydale can be rationalised; and
(e)to revoke the permanent reservation of land at Dookie to enable the construction of a road on part of that land and to reserve part of that land for the conservation of an area of natural interest; and
(f)to repeal and amend various Acts relating to Crown land.
2.Commencement
s. 2
(1)Subject to this section, this Act comes into operation on the day on which it receives the Royal Assent.
(2)Part 4 comes into operation on a day or days to be proclaimed.
(3)Section 15 comes into operation on a day to be proclaimed, being a day after the day on which the Minister declares in writing that the Minister is satisfied that none of the provisions of Part 4 have been proclaimed to come into operation and that Melbourne's bid for the 1996 Olympic games is unsuccessful.
(4)Section 16 comes into operation on the day on which an Order under section 14(3) is published in the Government Gazette.
(5)Section 18 comes into operation on a day to be proclaimed.
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Part 2—Sebastopol Land
3.Revocation of reservation
s. 3
(1)The Order in Council specified in item 1 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule2.
(2)Any Order in Council made under section 16 of the Crown Land (Reserves) Act 1978 vesting the land specified in item 1 of Schedule 1 in the Borough of Sebastopol is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.
(3)The land shown hatched on the plan in Schedule2—
(a)is divested from the Borough of Sebastopol and ceases to be under its management and control; and
(b)vests in the Crown; and
(c)is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
(4)The appointment of the Borough of Sebastopol as Committee of Management of the land in item 1 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule2.
(5)The regulations made by the Board of Land and Works on 13 October 1931 and notified in the Government Gazette on 21 October 1931, as amended and in force for the time being, do not apply to the land shown hatched on the plan in Schedule 2.
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Part 3—North Bendigo Land
4.Revocation of reservation
s. 4
(1)The Order in Council specified in item 2 of Schedule 1 is revoked.
(2)Despite sub-section (1), the land specified in item2 of Schedule 1 remains vested in the Public Transport Corporation.
(3)Sub-section (1) does not affect the continuance of any leases existing over any part of the land specified in item 2 of Schedule 1.
(4)Despite any Act or law to the contrary, the land specified in item 2 of Schedule 1 is discharged from any trust, limitation, reservation, restriction or exception relating to the reservation specified in that item.
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Pt 4 (Heading and ss5–9) repealed by No. 6/1990 s.15.
*****
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Part 5—Lilydale Land
10.Revocation of reservation
s. 10
The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule4.
11.Land deemed unalienated Crown land
Despite anything in any notice published under section 10 of the Land Conservation Act 1972, or in any other Act or law, the land shown hatched on the plan in Schedule 4 is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
12.Land management
(1)The appointment of any Committee of Management existing under the Crown Land (Reserves) Act 1978 for the land specified in item4 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 4.
(2)The regulations made on 13 May 1982, published in the Government Gazette on 19 May 1982 and applying to the land specified in item 4 of Schedule1, as amended and in force for the time being cease to apply to the land shown hatched on the plan in Schedule 4.
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Part 6—Dookie Land
13.Road construction
s. 13
Despite anything in the Crown Land (Reserves) Act 1978 or the Dookie Agricultural College Land Act 1972 or in any other Act or law, the Roads Corporation, its agents, servants and workers and any person authorised by it may enter and use the land specified in item 1 of Schedule 5 so far as is necessary for or in connection with the construction of a road to become part of the Mildland Highway.
14.Excision, road closure and re-reservation
(1)As soon as possible after completing road works on the land specified in item 1 of Schedule 5, the Roads Corporation of Victoria must publish in the Government Gazette notice of the completion of the works.
(2)At any time after—
(a)the registration under the Transfer of Land Act 1958 of a transfer and surrender to the Crown of the land shown as parcels numbered 12, 13 and 14 on a plan bearing the identifying reference LEGL/89–2 and lodged in the Central Plan Office; and
(b)the Roads Corporation has entered into an agreement under section 45(3) of the Transport Act 1983 in relation to the land specified in item 1 of Schedule 5; and
(c)the Roads Corporation has published in the Government Gazette a notice under sub-section (1)—
the Minister may recommend to the Governor in Council that an Order be made under sub-section (3).
(3)The Governor in Council on the Minister's recommendation under sub-section (2) may, by Order published in the Government Gazette—
S. 14(3)(a) substituted by No. 52/1992 s.11(13)(a).[1]
(a)declare that the land specified in item 2 of Schedule 5 is unalienated land of the Crown; and
(b)close the roads on the land specified in item3 of Schedule 5; and
(c)permanently reserve under the Crown Land (Reserves) Act 1978 the land specified in item 4 of Schedule 5 as a site for the conservation of an area of natural interest.
s. 14
(4)On the publication in the Government Gazette of an Order under sub-section (3)—
S. 14(4)(a) amended by No. 52/1992 s.11(13)(b).[2]
(a)any Crown grant of the land specified in item2 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 is deemed to be unalienated land of the Crown and, subject to paragraph (b), is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)any right which the Roads Corporation has to use the land specified in item 1 of Schedule 5 under section 45 of the Transport Act 1983 continues until the land becomes a highway under the Transport Act 1983; and
(c)the land specified in item 3 of Schedule 5 over which the roads closed by the Order ran ceases to be a road, and all rights, easements and privileges existing or claimed (either in the public, by any person, by dedication, supposed dedication, past user, operation of law or otherwise) in the land determine; and
(d)the land specified in item 3 of Schedule 5 is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
s. 14
(e)the land specified in item 4 of Schedule 5 is permanently reserved under the Crown Land (Reserves) Act 1978 in accordance with the Order.
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Part 7—General
15.Repeal of provision relating to Albert Park Land
s. 15
Part 4 is repealed.
S. 16
repealed by No. 11/1995 s.3(2)(Sch. 2).
*****
17.Repeal of Bendigo Aerodrome Act 1973
The Bendigo Aerodrome Act 1973 is repealed.
S. 18
repealed by No. 11/1995 s.3(2)(Sch. 2).
*****
19.No compensation payable by Crown
Except as provided in any agreement made under section 45 of the Transport Act 1983 in relation to the land specified in item 1 of Schedule 5 or as provided in Part 4, no compensation is payable by the Crown in respect of anything done under or arising out of this Act.
20.Registrar of Titles and Registrar-General to make necessary amendments
(1)The Registrar of Titles must make any amendments to the Register Book and to any Crown grant, duplicate Crown grant, certificate of title, duplicate certificate of title or other instrument or duplicate instrument that are necessary because of the operation of this Act.
(2)The Registrar-General must make any entries upon the records of enrolment of any Crown grant and upon any memorial relating to any land that are necessary because of the operation of this Act.
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SCHEDULES
SCHEDULE 1
Sch. 1
Land in respect of which the permanent reservation is revoked
Ss 3, 4, 5 and 10
Item /Situation and area of land /
Instrument and date of reservation / Description of land by reference to Government Gazette /
Purpose of reservation /
Portion as to which reservation is revoked
1. / Township of Sebastopol, Parish of Ballarat, County of Grenville, 5·617 hectares / Order in Council 27January 1965 / 16 December 1964, page 3768 and 3February 1965, page 252. / Site for recreation, convenience and amusement of the people / See Schedule 2
2. / At Bendigo, Parish of Sandhurst, 4·912 hectares less excision authorised by Act No. 7470 / Order in Council 7March 1938 / 22 December 1937, page 4529 and 9 March 1938, page 901 / Site for railway purposes / The entire Reserve
3. / City of South Melbourne and at St Kilda, Parish of Melbourne South, County of Bourke, 230·7 hectares, more or less, less excisions authorised by various Acts / Order in Council 21March 1876 / 21 January 1876, page 96 and 24 March 1876, page 568 / Site for a Public Park / See Schedule 3
4. / Township of Lilydale, Parish of Yering 6004 square metres / Order in Council 3June 1980 / 11 June 1980, page 1911 / Public Park and Picnic Ground / See Schedule 4
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SCHEDULE 2
S. 3
Sebastopol land
Sch. 2
(PLAN OF LAND)
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SCHEDULE 3
s. 5
Albert Park land
Sch. 3
(PLAN OF LAND)
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SCHEDULE 4
s. 10
Lilydale land
Sch. 4
(PLAN OF LAND)
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SCHEDULE 5
Dookie land
Sch. 5
Ss 13 and 14
Item / Identifyingreference of plan
lodged in
Central Plan Office /
Parcel number
1 / LEGL/89–2
LEGL/89–3 / 1 and 23
3
2 / LEGL/89–2
LEGL/89–3 / 1, 19, 20 and 23
3
3 / LEGL/89–2 / 6 and 10
4 / LEGL/89–2 / 6, 10, 12, 13, 14, 19, 20, 26, 29 and 30
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ENDNOTES
Endnotes
1.General Information
Minister's second reading speech—
Legislative Assembly: 26 October 1989
Legislative Council: 13 March 1990
The long title for the Bill for this Act was "A Bill to revoke the permanent reservations of certain lands, to repeal the Dookie Agricultural College Land Act 1972 and the Bendigo Aerodrome Act 1973, to amend the Albert Park Land Act 1972 and for other purposes.".
The Land (Further Miscellaneous Matters) Act 1990 was assented to on 3April 1990 and came into operation as follows:
All of Act (except sections 5–9, 15, 16, 18) on 3 April 1990: section 2(1); section 15 on 30September 1992: Government Gazette 30 September 1992 page 2866.
Part 4 (sections 5–9) was never proclaimed, repealed by section 15 of No.6/1990.
Sections 16 and 18 were never proclaimed, repealed by section 3(2)(Sch. 2) of No. 11/1995.
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Land (Further Miscellaneous Matters) Act 1990 by Acts and subordinate instruments.
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Land (Further Miscellaneous Matters) Act 1990, No. 6/1990
Assent Date: / 3.4.90Commencement Date: / S. 15 on 30.9.92: Government Gazette 30.9.92 p. 2866
Current State: / This information relates only to the provision/s amending the Land (Further Miscellaneous Matters) Act 1990
Melbourne University (VCAH) Act 1992, No. 52/1992
Assent Date: / 30.6.92Commencement Date: / S. 11(13)(a)(b) on 1.7.92: Government Gazette 1.7.92 p. 1628
Current State: / This information relates only to the provision/s amending the Land (Further Miscellaneous Matters) Act 1990
Statute Law Revision Act 1995, No. 11/1995
Assent Date: / 26.4.95Commencement Date: / 26.4.95: s. 2
Current State: / All of Act in operation
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3.Explanatory Details
Endnotes
1
[1] S. 14(3)(a): The definition of "appointed day" in section 3 of the Melbourne University (VCAH) Act 1992, No. 52/1992 reads as follows:
' "appointed day"—
(a)for the purposes of section 11(4) (insofar as it relates to the land in clause1 of Part 1 of the Schedule) and section11(8)(a), means a day appointed by the Governor in Council by notice published in the Government Gazette;
(b)for the purposes of section 11(4) (insofar as it relates to the land in clauses 2 to 5, 7 and 8 of Part 1 of the Schedule) and section 11(8)(b), means a day appointed by the Governor in Council by notice published in the Government Gazette;
(c)for the purposes of all other provisions of this Act, means 1 July 1992;'.
[2] S. 14(4)(a): See note 1.