Revocation and Excision of Crown Reservations Act 1974

Version No. 001

Revocation and Excision of Crown Reservations Act 1974

Act No. 8601/1974

Version as at 26 February 2003

table of provisions

Section Page

1. Short title and commencement 2

2. Revocation of permanent reservations 2

3. Revocation of Crown grants and cancellation of certificate of title 3

4. Certain lands to be unalienated Crown lands 3

5. Compensation to trustee 3

6. No compensation payable by Crown 4

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SCHEDULES 5

SCHEDULE 1—Land of which the permanent reservation is revoked by this Act 5

SCHEDULE 2 6

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ENDNOTES 10

1. General Information 10

2. Table of Amendments 11

3. Explanatory Details 12

Version No. 001

Revocation and Excision of Crown Reservations Act 1974

Act No. 8601/1974

Version as at 26 February 2003

An Act to revoke the Permanent Reservations of certain Lands and the Crown Grants and Certificate of Title of certain Lands and for other purposes.

Act No. 8601/1974

Revocation and Excision of Crown Reservations Act 1974

Preamble

WHEREAS the lands referred to in Schedule One and in Part I of Schedule Two have been permanently reserved for the purposes and in accordance with the particulars respectively set out therein:

AND WHEREAS by the Crown grants specified in Part I of Schedule Two the lands referred to therein were respectively granted to trustees on trust for the purpose for which the lands were reserved:

AND WHEREAS the land referred to in Item 3 of Part I of Schedule Two is now held by the trustee of the land by virtue of the certificate of title referred to in the said item:

AND WHEREAS the land referred to in Schedule One and the lands described in Parts II to IV of Schedule Two are more urgently required for purposes other than those for which they are reserved:

AND WHEREAS it is expedient to provide—

(a) that the permanent reservations of the land referred to in Schedule One and of the lands referred to in Part I of Schedule Two insofar as they respectively relate to the lands described in Parts II to IV of Schedule Two shall be revoked;

(b) that the Crown grants and certificate of title of the lands referred to in Part I of Schedule Two insofar as they respectively relate to the lands described in Parts II to IV of Schedule Two shall be revoked or cancelled (as the case requires); and

(c) that the land referred to in Schedule One and the lands described in Parts II to IV of Schedule Two shall become and be unalienated lands of the Crown.

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 Revocation and Excision of Crown Reservations Act 1974.

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

2. Revocation of permanent reservations

The Orders in Council specified—

(a) in Schedule One; and

(b) in Part I of Schedule Two insofar as they relate to the lands described in Parts II to IV of Schedule Two—

and any other Order in Council or proclamation insofar as it reserves or affects the land referred to in Schedule One or the lands described in Parts II to IV of Schedule Two shall be revoked.

3. Revocation of Crown grants and cancellation of certificate of title

The Crown grants and certificate of title referred to in Part I of Schedule Two insofar as they respectively relate to the lands described in PartsII to IV of Schedule Two shall be revoked or cancelled (as the case requires) made void and annulled.

s. 3

4. Certain lands to be unalienated Crown lands

Notwithstanding anything in any Act the land referred to in Schedule One and the lands described in Parts II to IV of Schedule Two shall be and be deemed to be unalienated lands of the Crown freed and discharged of all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein.

5. Compensation to trustee

(1) The sum of $74 000 shall be paid by the Country Roads Board to the trustee for the time being of the land referred to in Item 3 of Part I of Schedule Two.

(2) The said sum of $74 000 shall be applied by the trustee towards the maintenance and improvement of so much of the land referred to in the said Item3 as remains vested in the trustee after the commencement of this Act or towards such other purpose or purposes as may be approved by the Minister.

6. No compensation payable by Crown

Except as otherwise expressly provided by this Act, no compensation shall be payable by the Crown in respect of any act matter or thing done or arising out of this Act.

s. 6

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SCHEDULES

SCHEDULE 1

Sch. 1

Land of which the permanent reservation is revoked by this Act

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SCHEDULE 2

Sch. 2

PART I

LANDS AS TO PART OF WHICH THE PERMANENT RESERVATIONS, CROWN GRANTS AND CERTIFICATE OF TITLE ARE REVOKED OR CANCELLED BY THIS ACT

——

Sch. 2

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PART II

LAND, BEING PART OF THE LAND REFERRED TO IN ITEM 1 OF PART I OF THIS SCHEDULE, IN RESPECT OF WHICH THE ORDER IN COUNCIL AND CROWN GRANT REFERRED TO IN THE SAID ITEM ARE REVOKED BY THIS ACT

907 square metres, Township of Ballarat:

Sch. 2

Commencing at the intersection of the south-western alignment of Russell-street and the northern alignment of Winter-street being the most eastern angle of the site; bounded thence by Winter-street bearing 270º 0´ 37×64 metres; by a line bearing 0º 6´ 48×18 metres; and thence by Russell-street aforesaid bearing 142º 3´ 61×09 metres to the point of commencement.

——

PART III

LAND, BEING PART OF THE LAND REFERRED TO IN ITEM 2 OF PART I OF THIS SCHEDULE, IN RESPECT OF WHICH THE ORDER IN COUNCIL AND CROWN GRANT REFERRED TO IN THE SAID ITEM ARE REVOKED BY THIS ACT

1×012 hectares, Township of Buninyong:

Commencing at the north-eastern angle of Crown allotment 4, section 24, being a point on the southern alignment of Yuille-street; bounded thence by Yuille-street bearing 104º 44´ 100×58 metres; by Cornish-street bearing
194º 44´ 100×58 metres; by Simpson-street bearing 284º 44´ 100×58 metres; and thence by Crown allotments 15 and 4 bearing 14º 44´ 100×58 metres to the point of commencement.

——

PART IV

LAND, BEING PART OF THE LAND REFERRED TO IN ITEM 3 OF PART I OF THIS SCHEDULE, IN RESPECT OF WHICH THE ORDER IN COUNCIL, CROWN GRANT AND CERTIFICATE OF TITLE REFERRED TO IN THE SAID ITEM ARE REVOKED, OR CANCELLED BY THIS ACT

Sch. 2

5544 square metres, Parish of Mordialloc, being part of Crown allotment 1, section 16:

Commencing at the angle formed by the eastern alignment of Warrigal-road and the southern alignment of Kingston-road; bounded thence by Kingston-road bearing 90º 15´ 117×98 metres; by lines bearing 264º 3´ 40" 85×15 metres, 237º 38´ 15×56 metres, 194º 20´ 17×30 metres, 183º 12´ 30" 55×01 metres, 180º 00´ 61×41 metres, 140º 10´ 7×81 metres, 179º 56´ 7×92 metres, 219º 45´ 7×81 metres, 179º 56´ 30" 63×24 metres, 165º 20´ 9×61 metres,
182º 55´ 18×39 metres, 201º 11´ 4×06 metres and 184º 5´ 30" 180×57 metres; and thence by Warrigal-road bearing 0º 0´ 445×47 metres to the point of commencement.

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ENDNOTES

1. General Information

Endnotes

The Revocation of Excision of Crown Reservations Act 1974 was assented to on 26 November 1974 and came into operation on 26 November 1974: section 1(2).

2. Table of Amendments

Endnotes

There are no amendments made to the Revocation and Excision of Crown Reservations Act 1974 by Acts and subordinate instruments.

3. Explanatory Details

Endnotes

No entries at date of publication.