Land (Revocation of Reservations and Other Matters) Act 2009

Land (Revocation of Reservations and Other Matters) Act 2009

No. 81 of 2009

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

Part 2—Revocation of Reservations 3

3 Revocation of reservation—Montefiore Homes Community Residence 3

4 Revocation of reservation—Altona Memorial Park Cemetery 3

5 Revocation of reservation—J.R. Parsons Reserve 3

6 Revocation of reservation—Kananook Creek Reserve 3

7 Consequences of revoking reservations under this Part 4

8 Registrar of Titles to make amendments necessary under
Part 2 4

Part 3—Yarra Bend Park 5

9 Definitions 5

10 Revocation of Crown grant—Yarra Bend Park 5

11 Parks Victoria is committee of management 5

12 Dissolution of Yarra Bend Park Trust 5

13 Preservation of leases 6

14 Reservation not affected 8

15 Repeal of Acts—Yarra Bend Park 8

16 Registrar of Titles to make amendments necessary under
Part3 8

Part 4—Caulfield Racecourse 9

17 Revocation of reservation and Crown grant—Caulfield Racecourse 9

18 Consequences of revoking reservations—Caulfield Racecourse 9

19 Application of reservation—Caulfield Racecourse 10

20 Registrar of Titles to make amendments necessary under
Part4 10

Part 5—Royal Park Reserve 11

21 Revocation of reservation—Royal Park Reserve 11

22 Consequences of revoking reservation—Royal Park Reserve 11

23 Re-reservation of land—Royal Park Reserve 11

24 Registrar of Titles to make amendments necessary under
Part5 12

Part 6—Western Oval Reserve 13

25 Revocation of reservation—Western Oval Reserve 13

26 Consequences of revoking reservations—Western Oval
Reserve 13

27 Re-reservation of land—Western Oval Reserve 13

28 Repeal of Acts—Western Oval Reserve 14

29 Registrar of Titles to make amendments necessary under
Part6 14

Part 7—Miscellaneous Amendments 15

30 Geelong (Kardinia Park) Land Act 1950 15

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SCHEDULES 16

SCHEDULE 1—Land in Respect of which Reservations are
Revoked 16

1 Montefiore Homes Community Residence 16

2 Altona Memorial Park Cemetery 16

3 J.R. Parsons Reserve 17

4 Kananook Creek Reserve 17

5 Yarra Bend Park 17

6 Caulfield Racecourse Reserve—Land in relation to which reservation is to be revoked 18

7 Royal Park Reserve 18

8 Western Oval Reserve 19

SCHEDULE 2—Montefiore Homes Community Residence,
StKilda 20

SCHEDULE 3—Altona Memorial Park Cemetery 21

SCHEDULE 4—J.R. Parsons Reserve 22

SCHEDULE 5—Kananook Creek Reserve 23

SCHEDULE 6—Caulfield Racecourse—Land in Relation to
which Reservation is to be Revoked 24

SCHEDULE 7—Caulfield Racecourse—Land in Relation to
which Reservation is to Apply 25

SCHEDULE 8—Royal Park Reserve 26

SCHEDULE 9—Western Oval Reserve 27

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Endnotes 28

Section Page

Victoria

Section Page

Land (Revocation of Reservations and Other Matters) Act 2009[(]

No. 81 of 2009

[Assented to 8 December 2009]

Land (Revocation of Reservations and Other Matters) Act 2009
No. 81 of 2009

The Parliament of Victoria enacts:

Land (Revocation of Reservations and Other Matters) Act 2009
No. 81 of 2009

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to revoke certain permanent reservations and restricted Crown grants;

(b) to repeal the Kew and Heidelberg Lands Act 1933 and the Kew and Heidelberg Lands Act 1958 and to dissolve the Yarra Bend Park Trust;

(d) to repeal the Footscray (Recreation Ground) Lands Act 1968 and the Footscray (Western Oval Reserve) Lands Act 1981;

(e) to reserve certain land temporarily.

2 Commencement

s. 2

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2010, it comes into operation on that day.

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Part 2—Revocation of Reservations

3 Revocation of reservation—Montefiore Homes Community Residence

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) Crown Grant Volume 1966 Folio 010 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.

4 Revocation of reservation—Altona Memorial Park Cemetery

The Order in Council specified in item 2 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plans in Schedule3.

5 Revocation of reservation—J.R. Parsons Reserve

The Order in Council specified in item 3 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule4.

6 Revocation of reservation—Kananook Creek Reserve

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 Schedule5.

7 Consequences of revoking reservations under this Part

s. 7

On the revocation by this Part of an Order in Council reserving land—

(a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

8 Registrar of Titles to make amendments necessary under Part 2

The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.

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Part 3—Yarra Bend Park

9 Definitions

s. 9

In this Part—

Parks Victoria has the same meaning as in the Parks Victoria Act 1998;

the Park means—

(a) the land reserved by the Order in Council specified in item 5 of Schedule1; and

(b) the land shown hatched on the plan in the Tenth Schedule to the Kew and Heidelberg Lands Act 1933 as in force immediately before its repeal;

the Trust means the Yarra Bend Park Trust established by the Kew and Heidelberg Lands Act 1933.

10 Revocation of Crown grant—Yarra Bend Park

Crown Grant Volume 6443 Folio 407 is revoked.

11 Parks Victoria is committee of management

On the commencement of this Part, Parks Victoria is taken to be the committee of management of the Park appointed under the Crown Land (Reserves) Act 1978.

12 Dissolution of Yarra Bend Park Trust

On the commencement of this Part—

(a) the Trust is dissolved and the persons appointed or holding office as trustees go out of office;

(b) the Park, as vested in the Trust by section7B(1) of the Kew and Heidelberg Lands Act 1933 as in force immediately before its repeal, is divested from the Trust;

(c) all rights, property and assets that, immediately before that commencement, were vested in the Trust are vested, by virtue of this section, in the State;

(d) all debts, liabilities and obligations of the Trust existing immediately before that commencement become debts, liabilities and obligations of the State;

(e) the State is substituted as a party to any proceeding pending in any court or tribunal to which the Trust was a party immediately before that commencement;

(f) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 that applied to the Park immediately before that commencement are revoked in so far as they apply to the Park.

13 Preservation of leases

s. 13

(1) Nothing done by this Part affects the status or continuity of—

(a) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with the Royal Melbourne Institute of Technology ABN 49781030034 on 14 January 2003;

(b) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with KRTRiversdale Pty. Ltd. ACN 056429282 on 18February 2009;

(c) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with Faktom Services Pty. Ltd. ACN 128524381 on 1 January 1996;

(d) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with Victorian Indigenous Nurseries Co-operative Ltd. ABN 96926702416 on 1 July 2007;

(e) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with Jesuit Social Services Ltd. ACN 005269554 on 1 April 2006.

(2) A lease referred to in subsection (1) has effect from the commencement of this Part—

s. 13

(a) as a lease between Parks Victoria as lessor and the lessee for the time being under the lease, as if it had been assigned to Parks Victoria; and

(b) as if the lease referred to Parks Victoria instead of the Trust.

(3) Nothing done by virtue of this Part—

(a) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease referred to in subsection (1) including any provision prohibiting, restricting or regulating the assignment of the lease;

(b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation;

14 Reservation not affected

s. 14

Nothing in this Part affects the status or continuity of the permanent reservation of the Park by the Order in Council specified in item 5 of Schedule1 and section 17 of the Kew and Heidelberg Lands Act 1933 as in force immediately before its repeal.

15 Repeal of Acts—Yarra Bend Park

The following Acts are repealed—

(a) the Kew and Heidelberg Lands Act 1933;

(b) the Kew and Heidelberg Lands Act 1958.

16 Registrar of Titles to make amendments necessary under Part3

The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.

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Part 4—Caulfield Racecourse

17 Revocation of reservation and Crown grant—Caulfield Racecourse

s. 17

(1) The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule6.

(2) Crown Grant Volume 7275 Folio 814 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 6.

18 Consequences of revoking reservations—Caulfield Racecourse

On the revocation by this Part of the Order in Council specified in item 6 of Schedule 1 reserving land—

(a) subject to section 19, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

19 Application of reservation—Caulfield Racecourse

s. 19

On the surrender to the Crown of the land shown hatched on the plan in Schedule 7—

(a) the land is taken to be unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests existing immediately before that surrender; and

(b) the land is taken to be reserved under section4(1) of the Crown Land (Reserves) Act 1978 for racing, recreation and public park purposes; and

(c) the land is taken to be included in, and form part of, the land referred to in Crown grant Volume 7275 Folio 814; and

(d) the land is taken to form part of the land described in item 2 of Schedule 2 to the Racing Act 1958.

20 Registrar of Titles to make amendments necessary under Part4

The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of this Part.

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Part 5—Royal Park Reserve

21 Revocation of reservation—Royal Park Reserve

s. 21

The Order in Council specified in item 7 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule8.

22 Consequences of revoking reservation—Royal Park Reserve

On the revocation by this Part of the Order in Council specified in item 7 of Schedule 1 reserving land—

(a) subject to section 23, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

23 Re-reservation of land—Royal Park Reserve

On the revocation by this Part of the Order in Council specified in item 7 of Schedule 1 reserving land, the land shown hatched on the plan in Schedule 8 is taken to be temporarily reserved as a site for a zoological park under section 4(1) of the Crown Land (Reserves) Act 1978.

24 Registrar of Titles to make amendments necessary under Part5

s. 24

The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of this Part.

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Part 6—Western Oval Reserve