Version No. 001

Melbourne (Alexandra Gardens) Land Act 1974

Act No. 8583/1974

Version as at 14 February 2000

table of provisions

SectionPage

1

SectionPage

1.Short title and commencement

2.Definitions

3.Revocation of permanent reservation insofar as it affects temporary reserve

4.Confirmation of temporary reservation

5.Confirmation of appointment of corporation as committee of management

6.Power to lease certain land

7.No compensation payable by Crown

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SCHEDULE—Lands in the City of Melbourne which may be
leased by the corporation thereof

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 001

Melbourne (Alexandra Gardens) Land Act 1974

Act No. 8583/1974

Version as at 14 February 2000

An Act relating to certain Crown lands in the City of Melbourne.

1

Act No. 8583/1974

Melbourne (Alexandra Gardens) Land Act 1974

Preamble

WHEREAS an Order in Council of the 21st day of May, 1907[1] purported to temporarily reserve certain Crown lands in the city of Melbourne (hereinafter called "the temporary reserve") which now form part of the land known as Alexandra Gardens as a site for ornamental plantations:

AND WHEREAS part of the temporary reserve was at the time of the making of the said Order in Council permanently reserved by virtue of an Order in Council of the 29th day of September, 1873[2] reserving certain Crown lands as a site for a public park and gardens:

AND WHEREAS on the 16th day of May, 1923[3] the Board of Land and Works purported to appoint the council of the city of Melbourne as the committee of management of the temporary reserve:

AND WHEREAS the corporation of the said city is now the successor of the council thereof in any case where before the commencement of the Land (Committees of Management) Act 1967 the council was so appointed:

AND WHEREAS the lands delineated and shown hatched on the plan in the Schedule (hereinafter called "the boatsheds lands") are parts of the temporary reserve upon which certain boatsheds clubrooms and associated amenities stand:

AND WHEREAS it is expedient—

(a)to revoke the hereinbefore recited Order in Council permanently reserving certain lands as a site for a public park and gardens insofar as it relates to the temporary reserve;

(b)to confirm the hereinbefore recited Order in Council temporarily reserving certain lands as a site for ornamental plantations;

(c)to confirm the appointment of the corporation of the city of Melbourne as committee of management of the temporary reserve; and

(d)to authorize the corporation as committee of management to grant leases of the whole or any part of the boatsheds lands—

and to make other provision as hereinafter enacted:

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 and commencement

s. 1

(1)This Act may be cited as the Melbourne (Alexandra Gardens) Land Act 1974.

(2)This Act shall come into operation on the day on which it receives the Royal Assent.

2.Definitions

In this Act—

"corporation" means the corporation of the city of Melbourne;

"temporary reserve" means the lands referred to in the hereinbefore recited Order in Council of the 21st day of May, 1907.

3.Revocation of permanent reservation insofar as it affects temporary reserve

s. 3

The hereinbefore recited Order in Council of the 29th day of September, 1873 permanently reserving certain Crown lands as the site for a public park and gardens is hereby revoked insofar as it relates to any part of the temporary reserve.

4.Confirmation of temporary reservation

The hereinbefore recited Order in Council of the 21st day of May, 1907 temporarily reserving certain Crown lands as a site for ornamental plantations is hereby confirmed.

5.Confirmation of appointment of corporation as committee of management

The appointment of the corporation as committee of management of the temporary reserve is hereby confirmed.

6.Power to lease certain land

(1)Notwithstanding anything to the contrary in any Act, the corporation as committee of management of the temporary reserve may from time to time grant leases of the whole or any part of the lands delineated and shown hatched on the plan in the Schedule for the purpose of boatsheds clubrooms and amenities connected therewith.

(2)A lease granted under this section—

(a)shall be subject to such covenants conditions exceptions and reservations as the corporation thinks fit;

(b)shall be for a term not exceeding 21 years; and

(c)shall be subject to approval by the Governor in Council.

(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 any part of the temporary reserve not leased under this section or for any other purpose approved by the Minister.

7.No compensation payable by Crown

s. 7

No compensation shall be payable by the Crown in respect of any act matter or thing done under or arising out of this Act.

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Section 6.

SCHEDULE

Lands in the City of Melbourne which may be leased by the corporation thereof

Sch.

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ENDNOTES

1.General Information

Endnotes

The Melbourne (Alexandra Gardens) Land Act 1974 was assented to on 22October 1974 and came into operation on 22October 1974: section 1(2).

2.Table of Amendments

Endnotes

There are no amendments made to the Melbourne (Alexandra Gardens) Land Act 1974 by Acts and subordinate instruments.

3.Explanatory Details

Endnotes

1

[1] Preamble: Government Gazette 29 May 1907 page 2321.

[2] Preamble: Government Gazette 10 October 1873 page 1775.

[3] Preamble: Government Gazette 23 May 1923 page 1379.