Version No. 001
Melbourne Market and Park Lands Act 1933
Act No. 4184/1933
Version incorporating amendments as at 6 July 1999
table of provisions
Section Page
ii
Section Page
1. Short title 7
2. Definition 7
3. Revocation of Orders in Council and Crown grants 8
4. Appointment of council of city of Melbourne as committee
of management of certain lands 9
5. Payment by council of city of Melbourne to Shrine of Remembrance Trustees 12
6. As to conditions of lease of land described in the Fourth
Schedule 12
7. No liability to attach to Crown 13
8. Corporation of City of Melbourne to be committee of management 13
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SCHEDULES 14
SCHEDULE 1—Repealed 14
SCHEDULE 2 15
SCHEDULE 3 16
SCHEDULE 4 16
SCHEDULE 5 17
SCHEDULE 6 21
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ENDNOTES 27
1. General Information 27
2. Table of Amendments 28
3. Explanatory Details 29
ii
Version No. 001
Melbourne Market and Park Lands Act 1933
Act No. 4184/1933
Version incorporating amendments as at 6 July 1999
An Act to provide for the Revocation of the Permanent Reservation and of the Crown Grants for certain Market Purposes of certain Lands situate in the City of Melbourne and for the Permanent Reservation and Crown Grants thereof for Municipal Purposes and for the Temporary Reservation of certain other Land situate therein and for the Surrender of the Crown Grants of certain other Lands situate therein and for the Control and Management of certain Lands situate therein and for relieving the Government of Victoria from the Payment of certain Moneys, and for other purposes.
1
Act No. 4184/1933
Melbourne Market and Park Lands Act 1933
Preamble
WHEREAS by a Crown grant bearing date the fourth day of November One thousand eight hundred and forty-six and enrolled in the Supreme Court of New South Wales for the District of Port Phillip in the Register of Grants number one pages21 and 22[1] the land described in Part I of the First Schedule to this Act was granted to the mayor aldermen and councillors of the town (now city) of Melbourne as a site or place for a general market:
AND WHEREAS by an Order in Council dated the twentieth day of September One thousand eight hundred and eighty-one[2] the land described in PartII of the said First Schedule was permanently reserved as a site for a market and by a Crown grant bearing date the twentieth day of September One thousand eight hundred and eighty-one and entered into the Register Book of the Office of Titles volume 1331 folium 266132 the said land was granted to the mayor aldermen councillors and citizens of the city of Melbourne as a site for the purposes of a general market:
AND WHEREAS by a Crown grant bearing date the fourth day of November One thousand eight hundred and forty-six and enrolled in the Supreme Court of New South Wales for the district of Port Phillip in the Register of Grants number one pages18 and 19[3] the land described in Part I of the Second Schedule to this Act was granted to the mayor aldermen and councillors of the town (now city) of Melbourne as a site or place for a general market:
AND WHEREAS the land described in Part II of the said Second Schedule (being part of the land described in Part I of the said Second Schedule) is used as a public street as part of the street known as Little Flinders-street:
Preamble
AND WHEREAS the land described in Part III of the said Second Schedule comprises the land described in Part I of the said Second Schedule less the land described in Part II thereof:
AND WHEREAS the land described in the Third Schedule to this Act is land of the Crown used for public purposes:
AND WHEREAS by a Crown grant bearing date the ninth day of August One thousand eight hundred and fifty-two and enrolled in the Supreme Court of the Colony of Victoria in the Register of Grants number one pages 239 and 240[4] the land described in the Fourth Schedule to this Act was granted to the Board of National Education for the Colony of Victoria for the purposes of an Act of the Lieutenant-Governor and Legislative Council of the Colony of Victoria passed in the fifteenth year of the reign of Her late Majesty Queen Victoria intituled "An Act to incorporate the Board of Commissioners for National Education":
AND WHEREAS by Act No. CXLIX the lands vested in the said Board were vested in the Board of Education and by The Education Act 1872 the lands vested in the Board of Education were vested in the Minister of Public Instruction:
AND WHEREAS by a lease dated the fourth day of July One thousand nine hundred and thirty-three the land described in the said Fourth Schedule was leased as from the fourteenth day of April of that year for a term of fifty years to the Royal Australasian College of Surgeons (hereinafter called "the said lessee") being a company registered under the Companies Acts by a lease executed by the Minister of Public Instruction, the Royal Australasian College of Surgeons and the Treasurer of Victoria whereby inter alia the said Treasurer covenanted that he would cause public gardens to be laid out upon so much of the said land as is for the time being not required for buildings and any extensions thereof and approaches thereto and thereafter cause such gardens to be kept and maintained in good and ornamental condition:
Preamble
AND WHEREAS in the said lease acceptance by the said lessee was expressed to be conditional on the said Treasurer for and on behalf of the State of Victoria entering into a covenant to cause public gardens to be laid out and maintained as aforesaid:
AND WHEREAS by an Order in Council dated the twentieth day of November One thousand eight hundred and seventy-six[5] the land described in PartI of the Fifth Schedule to this Act was permanently reserved for public park and by a Crown grant bearing date the sixth day of November One thousand eight hundred and seventy-six and entered in the Register Book of the Office of Titles volume 909 folium 181743 the said land was granted to trustees upon trust for purposes of public park:
AND WHEREAS by an Order in Council dated the eighteenth day of April One thousand eight hundred and eighty-two[6] the land described in PartII of the said Fifth Schedule was permanently reserved for a public park and by a Crown grant bearing date the sixth day of June One thousand eight hundred and eighty-three and entered in the Register Book of the Office of Titles volume 1483 folium 296530 the said land was granted to trustees upon trust for purposes of a public park:
AND WHEREAS by an Order in Council dated the fifth day of March One thousand eight hundred and eighty-four[7] the land described in Part III of the said Fifth Schedule was permanently reserved as a site for public park and by a Crown grant bearing date the fifth day of March One thousand eight hundred and eighty-four and registered in the Register Book of the Offices of Titles volume 1566 folium 313049 the said land was granted to trustees upon trust for purposes of public park:
AND WHEREAS by an Order in Council dated the seventeenth day of October One thousand eight hundred and eighty-five[8] the lands described in PartIV of the said Fifth Schedule were temporarily reserved as sites for public park:
Preamble
AND WHEREAS certain portions of the lands described in the said Fifth Schedule were acquired for railway purposes pursuant to paragraph (20) of section three of The Railway Construction Act 1880 and paragraph (59) of section three of The Railway Construction Act 1884 and a certain other portion thereof, being the land described in the Third Schedule to the Melbourne to West Brunswick Tramway Construction Act 1922, was acquired for tramway purposes pursuant to the provisions of the said last-mentioned Act:
AND WHEREAS by an Order in Council dated the twenty-third day of October One thousand nine hundred and thirty-three[9] the land described in PartI of the Sixth Schedule to this Act, being the land described in the Fourth Schedule to the Shrine of Remembrance Site Act 1933, was permanently reserved as a site for a monument known as the Shrine of Remembrance:
AND WHEREAS by an Order in Council dated the twelfth day of December One thousand nine hundred and thirty-two[10] the land described in PartII of the said Sixth Schedule was permanently reserved for public purposes:
AND WHEREAS the land described in Part III of the said Sixth Schedule is portion of the land described in Part II of the said Sixth Schedule:
AND WHEREAS by an Order in Council dated the twenty-ninth day of September One thousand eight hundred and seventy-three[11] certain land (which is the land described in the First Schedule to the Shrine of Remembrance Site Act 1933) was permanently reserved as a site for public park and gardens and the land described in Part IV of the said Sixth Schedule is portion thereof:
Preamble
AND WHEREAS it is expedient that the hereinbefore recited Order in Council of the twentieth day of September One thousand eight hundred and eighty-one relating to the land described in Part II of the said First Schedule should be revoked and that the hereinbefore recited Crown grants of the lands described in the said First Schedule and of the land described in Part I of the said Second Schedule should be revoked and that the lands described in the said First Schedule and the land described in Part III of the said Second Schedule should be permanently reserved for municipal purposes and granted to the mayor aldermen councillors and citizens of the city of Melbourne (hereinafter referred to as "the said corporation") upon trust for municipal purposes and that the said corporation should be empowered to demise the said lands in whole or in part for any term or terms not exceeding in any case twenty-one years:
AND WHEREAS doubts have arisen as to whether the land described in Part II of the said Second Schedule is a public street and it is expedient to declare that the hereinbefore recited street known as Little Flinders-street should be deemed to have been widened pursuant to the provisions of section eighty-two of an Act passed in the sixth year of the reign of Her late Majesty Queen Victoria intituled "An Act to incorporate the Inhabitants of the Town of Melbourne" so as to include the said land:
AND WHEREAS it is expedient that the land described in the said Third Schedule should be temporarily reserved for public gardens, and that the trustees of the lands described in Parts I, II and III of the said Fifth Schedule should surrender such lands to His Majesty:
AND WHEREAS it is expedient to provide that the council of the city of Melbourne (hereinafter referred to as "the said council") should be appointed to be a committee of management of and should improve and maintain as hereinafter provided the lands described in the said Third Fourth and Fifth Schedules and in Parts I, III and IV of the said Sixth Schedule and should contribute annually the sum of One thousand dollars[12] towards the maintenance of the Shrine of Remembrance:
Preamble
AND WHEREAS by an agreement made between the Government of Victoria and the said council and contained in two letters between the Commissioner of Crown Lands and Survey and the town clerk of the said corporation bearing date respectively the seventeenth day of April and the eighth day of May One thousand nine hundred and twenty-nine and lodged with the Department of Lands and Survey the Government of Victoria agreed to contribute annually for a period of ten years the sum of Two thousand dollars[13] towards the maintenance of certain land known as Treasury Gardens permanently reserved by an Order in Council dated the thirtieth day of July One thousand nine hundred and twenty-nine and described in the Government Gazette of the third day of July One thousand nine hundred and twenty-nine, page 1906[14]:
AND WHEREAS it is expedient to provide that the said council should give to the Government of Victoria a full and complete discharge from any liability under the said agreement:
AND WHEREAS by the Melbourne General Market Lands Act 1917 it is provided that the sum of $20000[15] is to be paid by the Treasurer of Victoria to the said corporation:
AND WHEREAS no part of the said sum has been so paid and it is expedient to provide that such payment should not be made:
AND WHEREAS the Treasurer of Victoria and the Commissioner of Crown Lands and Survey and the said council have consented to such of the hereinbefore recited acts matters and things as respectively relate to each of them:
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):