Richmond and Hawthorn Lands Act 1970

Version No. 001

Richmond and Hawthorn Lands Act 1970

Act No. 7957/1970

Version as at 3 March 2003

table of provisions

Section Page

1. Short title 4

2. Definition 4

3. Excision of land to be surveyed from reservation and Crown grant of Richmond Park 5

4. Power to excise area to be surveyed from reservation and
Crown grant of Richmond Park 6

5. Power to excise area to be surveyed from reservation and
Crown grant of Richmond Park 7

6. Closure of portion of Morrison-street 8

7. No liability to attach to Crown 9

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SCHEDULES 10

SCHEDULE 1 10

SCHEDULE 2 11

SCHEDULE 3 12

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ENDNOTES 13

1. General Information 13

2. Table of Amendments 14

3. Explanatory Details 15

Version No. 001

Richmond and Hawthorn Lands Act 1970

Act No. 7957/1970

Version as at 3 March 2003

An Act relating to certain Lands in the Cities of Richmond and Hawthorn and for other purposes.

Act No. 7957/1970

Richmond and Hawthorn Lands Act 1970

Preamble

WHEREAS certain land in the City of Richmond was by Order in Council of the 13th day of October, 1873[1] permanently reserved as a site for public park and recreation designated Richmond Park and by Crown grant dated the 19th day of November, 1886 granted to the Board of Land and Works and the Mayor Councillors and Citizens of the City of Richmond:

AND WHEREAS it is provided by the Richmond (South-Eastern Freeway) Lands Act 1967 that on completion by the Melbourne and Metropolitan Board of Works of works in connexion with the diversion of the Yarra River in the locality north-west of Heyington railway station in the city of Prahran and the extension of the metropolitan main highway known as the South-Eastern Freeway through the said land and certain other land and upon the registration in the Office of Titles of a transfer and surrender to Her Majesty of certain land the said Order in Council and Crown grant shall be deemed to relate also to that land and to certain other lands:

AND WHEREAS—

(a) sections of the Yarra Boulevard have been constructed and maintained by the Public Works Department and are now to be maintained by the Country Roads Board;

(b) portion of the land to which the said Order in Council and Crown grant relate has been used for the construction of the section of the Yarra Boulevard which runs from the MacRobertson Bridge easterly northerly westerly and northerly to Bridge-road in the city of Richmond;

(c) in consequence of the construction of the extension to the said highway and diversion of the Yarra River it is necessary that part of the said section of the Yarra Boulevard be reconstructed in a new position between the said highway and the right bank of the Yarra River in its diverted course; and

(d) it is expedient that a strip of land containing not more than 21 acres, being the land on which the said section of the Yarra Boulevard is constructed or is to be reconstructed in a new position as aforesaid but not including the land occupied in its old position by the part to be re-constructed, be excised from the land to which the said Order in Council and Crown grant relate or are to be deemed to relate and become a public road:

Preamble

AND WHEREAS the area and position of the boundaries of the strip of land required for the Yarra Boulevard cannot be exactly determined until the works in connexion with the diversion of the Yarra River and the extension of the said highway have been completed:

AND WHEREAS by reason of the construction of the extension to the said highway and the taking of lands for that purpose, the schools known as St.Kevin's College and Scotch College have been adversely affected in their sporting facilities and it is expedient to make provision whereby the loss they have suffered may be mitigated:

AND WHEREAS it is expedient that an area of not more than 3 roods and 10 perches between the Yarra Boulevard and the Yarra River being the area approximately indicated by hatching on the plan in the First Schedule be excised from the land to which the said Order in Council relates in order that it may be leased as hereinafter provided:

AND WHEREAS the said St. Kevin's College is conducted by a community whose property is held by trustees who are a body corporate incorporated under the Act of the Parliament of New South Wales known as the Roman Catholic Church Communities' Lands Act 1942 under the name of the "Trustees of the Christian Brothers":

AND WHEREAS the land indicated by hatching on the plan in the Second Schedule is by virtue of the provisions of the Richmond High School Land Act 1967 permanently reserved for the purposes of a State High School and in order to provide a site for a boathouse for the use of the said high school it is expedient that an area of not more than 2 roods and 35 perches between the land reserved by virtue of the said Act and the Yarra River being the area indicated by cross-hatching on the plan in the Second Schedule be excised from the land to which the said Order in Council relates and be added to the land reserved by virtue of the said Act:

Preamble

AND WHEREAS—

(a) the land delineated and shown hatched on the plan in the Third Schedule is part of a road in the city of Hawthorn known as Morrison-street;

(b) the Melbourne and Metropolitan Board of Works is registered as the proprietor of an estate in fee simple in the land comprised in certificate of title entered in the register book of the Office of Titles volume 8740 folium 170 being part of Crown portion 11 in the Parish of Boroondara;

(c) the land delineated and shown cross-hatched on the plan in the Third Schedule is part of the land comprised in the said certificate of title;

(d) it is expedient that the said portion of the said road be closed and that the land comprised therein be granted to The Presbyterian Church of Victoria Trusts Corporation and the said land shown cross-hatched on the said plan should be a public highway:

AND WHEREAS the said Scotch College is conducted on land abutting Morrison-street in the city of Hawthorn held in fee simple by The Presbyterian Church of Victoria Trusts Corporation, a body corporate incorporated under the Presbyterian Trusts Act 1890:

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

s. 1

This Act may be cited as the Richmond and Hawthorn Lands Act 1970.

2. Definition

In this Act unless inconsistent with the context or subject-matter—

"reserved land" means the land reserved by the hereinbefore recited Order in Council of the 13th day of October, 1873 and comprised in Crown grant entered in the register book of the Office of Titles volume 1902 folium 326 and includes the land to which the said Order in Council and Crown grant are by virtue of the provisions of the Richmond (South-Eastern Freeway) Lands Act 1967 to be deemed to relate.

3. Excision of land to be surveyed from reservation and Crown grant of Richmond Park

(1) Upon submission to the Minister of Lands of a plan or plans of survey signed by the Surveyor-General showing the strip of the reserved land on the right bank of the Yarra River between the MacRobertson Bridge and Bridge-road which is required for the Yarra Boulevard and containing not more than 21 acres, the Minister may recommend to the Governor in Council that the said land be excised from the reservation.

s. 3

(2) Upon receiving such a recommendation the Governor in Council may by proclamation published in the Government Gazette revoke the hereinbefore recited Order in Council of the 13th day of October, 1873 and Crown grant dated the 19th day of November, 1886 so far as they relate or are to be deemed to relate to the land shown in the plan or plans of survey.

(3) On the day on which a proclamation revoking the said Order in Council as provided in sub-section (2) is published in the Government Gazette every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land shown in the plan or plans of survey shall also be revoked and the said land—

(a) shall notwithstanding anything in any Act become and be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein; and

(b) shall be deemed to be proclaimed as a road under the provisions of section 25 of the Land Act 1958.

4. Power to excise area to be surveyed from reservation and Crown grant of Richmond Park

(1) Upon submission to the Minister of Lands of a plan of survey signed by the Surveyor-General of not more than 3 roods and 10 perches of the reserved land corresponding as nearly as practicable with the land indicated by hatching on the plan in the First Schedule and upon being satisfied that the land described in the plan of survey does so correspond the Minister may recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation.

s. 4

(2) Upon receiving a recommendation pursuant to sub-section (1) the Governor in Council may by proclamation published in the Government Gazette revoke the said Order in Council of the 13th day of October, 1873 and Crown grant dated the 19th day of November, 1886 so far as they relate to the land shown in the plan of survey.

(3) On the day on which a proclamation revoking the said Order in Council as provided in sub-section (2) is published in the Government Gazette every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land shown in the plan of survey shall also be revoked and the said land—

(a) shall become and be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein; and

(b) may from time to time be leased pursuant to section 134 of the Land Act 1958 to the Trustees of the Christian Brothers of Mount St. Mary's, Albert-road, Strathfield in the State of New South Wales for the purposes of a boat-house and dressing rooms and purposes connected therewith for use in connexion with St. Kevin's College.

5. Power to excise area to be surveyed from reservation and Crown grant of Richmond Park

(1) Upon submission to the Minister of Lands of a plan of survey signed by the Surveyor-General of not more than 2 roods and 35 perches of the reserved land corresponding as nearly as practicable with the land indicated by cross-hatching on the plan in the Second Schedule and upon being satisfied that the land described in the plan of survey does so correspond the Minister may recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation.

s. 5

(2) Upon receiving a recommendation pursuant to sub-section (1) the Governor in Council may by proclamation published in the Government Gazette revoke the said Order in Council of the 13th day of October, 1873, the Crown grant dated the 19th day of November, 1886 so far as they relate to the land shown in the plan of survey.

(3) On the day on which a proclamation revoking the said Order in Council as provided in sub-section (2) is published in the Government Gazette every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land shown in the plan of survey shall also be revoked and the said land—

(b) shall be deemed to be permanently reserved as an addition to the land reserved for the purposes of a State High School by virtue of the Richmond High School Land Act 1967.

6. Closure of portion of Morrison-street

(1) The land delineated and shown hatched on the plan in the Third Schedule shall be closed as a road and all rights easements and privileges existing or claimed either in the public or by any body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by user thereof or by any fiction of law shall cease and determine and the said land shall be deemed to be and may be dealt with as unalienated land of the Crown.

s. 6

(2) Upon payment to the Treasurer of Victoria of the sum of $28,800 the Governor in Council may grant the land delineated and shown hatched on the plan in the Third Schedule to The Presbyterian Church of Victoria Trusts Corporation in fee simple subject to such covenants conditions reservations exceptions and restrictions as the Governor in Council thinks fit.