Version No. 001
Queen Victoria Market Lands Act 1996
Act No. 78/1996
Version as at 14 September 1999
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—QUEEN VICTORIA MARKET SITE
3.Revocation of reservations and Crown grants—Queen Victoria Market site
4.Consequences of revoking reservations
5.Surrender of City of Melbourne land—Queen Victoria Market site
6.Closure of roads
7.Issue of Crown grant
8.Certain leases not affected
9.Registrar-General and Registrar of Titles to make necessary amendments
10.Repeal of various Acts relating to site
______
SCHEDULES
SCHEDULE 1—Land in respect of which reservations are revoked
SCHEDULE 2—Plan of road to be closed—Queen Street
SCHEDULE 3—Plan of road to be closed—Peel Street
═══════════════
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Queen Victoria Market Lands Act 1996
Act No. 78/1996
Version as at 14 September 1999
1
Queen Victoria Market Lands Act 1996
Act No. 78/1996
Preamble
In 1867, certain land in Melbourne was set aside for market purposes by Order in Council dated 4March 1867 and granted to the City of Melbourne for general market purposes by Crown grant Volume 345 Folio 861.
In 1877, the Melbourne General Market Site Act 1877 added further land to the site. This was granted to the City of Melbourne by Crown grant Volume 1098 Folio 421 which restricted the land to use for general market purposes.
In 1880, an additional parcel was added to the site and reserved for market purposes by virtue of an Order in Council dated 1 March 1880 and Crown grant Volume 1182 Folio 224 which granted the land to the City of Melbourne for general market purposes.
In 1904, by virtue of the Melbourne Lands Exchange Act 1904, a further parcel of land was added to the site by conveyance from the Commonwealth to the City of Melbourne.
In 1917, the Melbourne General Market Lands Act 1917 added further land to the market site. This was granted to the City of Melbourne by Crown grant Volume 4776 Folio 117 for use as a site for a market.
To facilitate the operation of the Queen Victoria Market by the City of Melbourne, it is necessary to revoke the reservations and the Crown grants, provide for the surrender of the land which is the subject of the conveyance under the 1904 Act and close part of two roads so that part of the site can be granted to the City of Melbourne for market purposes and part of the land can be granted to the City of Melbourne for other purposes related to market uses.
The Parliament of Victoria therefore enacts as follows:
Part 1—Preliminary
1.Purposes
s. 1
The purposes of this Act are—
(a)to revoke the permanent reservations and Crown grants in respect of the Queen Victoria Market site; and
(b)to provide for the closure of part of two roads on the site; and
(c)to provide for the surrender to the Crown by the City of Melbourne of certain land forming part of the site; and
(d)to enable the granting by the Crown of the lands comprising the site to the City of Melbourne; and
(e)to make provision for related matters.
2.Commencement
(1)Part 1 comes into operation on the day on which this Act receives the Royal Assent.
(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in sub-section (2) does not come into operation before 1 July 1997, it comes into operation on that day.
______
Part 2—Queen Victoria Market Site
3.Revocation of reservations and Crown grants—Queen Victoria Market site
s. 3
(1)The Orders in Council specified in items 1 to 4 of Schedule 1 are revoked.
(2)The following Crown grants are revoked—
(a)Crown grant Volume 1182 Folio 224;
(b)Crown grant Volume 4776 Folio 117;
(c)Crown grant Volume 345 Folio 861;
(d)Crown grant Volume 1098 Folio 421.
(3)The following folios of the Register are cancelled—
(a)Certificate of Title Volume 4220 Folio 975;
(b)Certificate of Title Volume 4220 Folio 974.
(4)This section has effect despite anything to the contrary in any Act, law or instrument.
4.Consequences of revoking reservations
On the revocation of an Order in Council reserving land, the land to which the Order relates—
(a)is divested from the City of Melbourne; and
(b)reverts to the Crown; and
(c)subject to section 8, is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
5.Surrender of City of Melbourne land—Queen Victoria Market site
s. 5
By force of this section, the land described in Memorial No. 155 Book 430 in the Office of the Registrar-General—
(a)ceases to be subject to the restriction imposed by section 4 of the Melbourne Lands Exchange Act 1904; and
(b)is divested from the City of Melbourne; and
(c)reverts to the Crown; and
(d)subject to section 8, is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
6.Closure of roads
(1)The part of the road shown hatched on the plan in Schedule 2 is closed and ceases to be a road.
(2)The part of the road shown hatched on the plan in Schedule 3 is closed and ceases to be a road.
(3)On the closure of a part of a road under sub-section (1) or (2)—
(a)all rights, easements and privileges existing or claimed by either the public or any body or person as part of any express or implied grant or past dedication or supposed dedication or by user or by operation or any fiction of law cease; and
(b)subject to section 8, the land is deemed to be unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
7.Issue of Crown grant
s. 7
(1)The Governor in Council, on behalf of the Crown, may grant to the City of Melbourne for an estate in fee simple any land that is deemed under this Act to be unalienated Crown land.
(2)A Crown grant under this section is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine.
(3)A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey.
8.Certain leases not affected
(1)Sections 3 to 6 do not affect the status or continuity of any lease relating to the land specified in Schedule 1 or the land to which section 5 applies and existing immediately before the commencement of this section.
(2)A lease referred to in sub-section (1) has effect from the commencement of this section—
(a)as a lease between the Minister administering the Land Act 1958 as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister; and
(b)as if it referred to the Minister instead of the lessor.
(3)The issue of a Crown grant under section 7 of anyland affected by a lease referred to in sub-section (1) and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grant as a lease between the City of Melbourne as lessor and the lessee for the time being under the lease, as if it had been assigned to the City of Melbourne.
(4)This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.
(5)Nothing done by virtue of this section is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease.
9.Registrar-General and Registrar of Titles to make necessary amendments
s. 9
(1)On being requested to do so, the Registrar-General must make all entries in the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of any provision of this Act.
(2)On being requested to do so and without requiring the production of the certificates of title or duplicate Crown grants, the Registrar of Titles must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.
10.Repeal of various Acts relating to site
The following Acts are repealed—
(a)Melbourne General Market Site Act 1877;
(b)Melbourne Lands Exchange Act 1904;
(c)Melbourne General Market Lands Act 1917.
______
SCHEDULES
SCHEDULE 1
Sch. 1
Land in respect of which reservations are revoked
Item 1
Situation and area of land / City of Melbourne at West Melbourne, Parish of Melbourne North, 9637 square metres, being Crown Allotment 1, Section AInstrument and date of reservation / Order in Council dated 4 March 1867
Description of land by reference to Government Gazette / Government Gazette dated 12 March 1867, page 521
Particulars of registration of Crown grant / Certificate of Title Volume 4220 Folio 975 (derived from Crown grant Volume 345 Folio 861)
Purpose of reservation / Site for general market purposes
Extent of revocation / The entire reserve
Item 2
Situation and area of land / City of Melbourne at West Melbourne, Parish of Melbourne North, 1839 hectares, being Crown Allotment 2, Section FInstrument and date of reservation / Order in Council dated 30 September 1878
Description of land by reference to Government Gazette / Government Gazettes dated 30 August 1878, page 2138 and 4 October 1878, page 2442
Particulars of registration of Crown grant / Certificate of Title Volume 4220 Folio 974 (derived from Crown grant Volume 1098 Folio 421)
Purpose of reservation / Site for a general market
Extent of revocation / The entire reserve
Item 3
Situation and area of land / City of Melbourne at West Melbourne, Parish of Melbourne North, 716 square metres, being Crown Allotment 1A, Section AInstrument and date of reservation / Order in Council dated 1 March 1880
Description of land by reference to Government Gazette / Government Gazettes dated 6 February 1880, page 325 and 5 March 1880, page 540
Particulars of registration of Crown grant / Crown grant Volume 1182 Folio 224
Purpose of reservation / Site for general market purposes
Extent of revocation / The entire reserve
Item 4
Sch. 1
Situation and area of land / City of Melbourne at West Melbourne, Parish of Melbourne North, 4176 hectares, being Crown Allotment 1, Section FInstrument and date of reservation / Order in Council dated 14 December 1922
Description of land by reference to Government Gazette / Government Gazettes dated 15 November 1922, page 3016 and 20 December 1922, page 3472
Particulars of registration of Crown grant / Crown grant Volume 4776 Folio 117
Purpose of reservation / Site for a market
Extent of revocation / The entire reserve
—————————
SCHEDULE 2
Sch. 2
Plan of road to be closed—Queen Street
—————————
SCHEDULE 3
Plan of road to be closed—Peel Street
Sch. 3
═══════════════
ENDNOTES
1.General Information
Endnotes
Minister's second reading speech—
Legislative Assembly: 14 November 1996
Legislative Council: 10 December 1996
The long title for the Bill for this Act was "A Bill to revoke the permanent reservations and Crown grants and provide for the surrender of certain land in relation to the Queen Victoria Market site, to provide for the granting of that land to the City of Melbourne, to repeal the Melbourne General Market Site Act 1877, the Melbourne Lands Exchange Act 1904 and the Melbourne General Market Lands Act 1917 and for other purposes."
The Queen Victoria Market Lands Act 1996 was assented to on 17December 1996 and came into operation as follows:
Part 1 (sections 1, 2) on 17 December 1996: section 2(1); rest of Act on 1July 1997: section 2(3).
2.Table of Amendments
Endnotes
There are no amendments made to the Queen Victoria Market Lands Act 1996 by Acts and subordinate instruments.
3.Explanatory Details
Endnotes
No entries at date of publication.
1