Land (Revocation of Reservations) Act 2019

Authorised by the Chief Parliamentary Counsel Authorised Version i Land (Revocation of Reservations) Act 2019 No. 48 of 2019 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Frankston land 3 3 Revocation of reservations—Frankston land 3 4 Consequences of revocation—Frankston land 3 5 Temporary reservation of Frankston land 3 Part 3—Lower Reserve, Camberwell 5 Division 1—Crown Allotment 2145, Lower Reserve, Camberwell 5 6 Revocation of reservation—Crown Allotment 2145, Lower Reserve, Camberwell 5 7 Consequences of revocation—Crown Allotment 2145, Lower Reserve, Camberwell 5 8 Temporary reservation of Crown Allotment 2145, Lower Reserve, Camberwell 5 Division 2—Crown Allotment 2144, Lower Reserve, Camberwell 6 9 Revocation of reservation—Crown Allotment 2144, Lower Reserve, Camberwell 6 10 Consequences of revocation—Crown Allotment 2144, Lower Reserve, Camberwell 6 11 Temporary reservation of Crown Allotment 2144, Lower Reserve, Camberwell 7 12 Revocation of reservation does not affect certain rights 7 13 Preservation of licences does not place parties in breach 7 Part 4—Geelong Foreshore reserve 9 14 Revocation of reservations—Geelong Foreshore 9 15 Consequences of revocation—Geelong Foreshore 9 Part 5—Coleraine Racecourse land 12 16 Revocation of reservations and Crown grants—Coleraine Racecourse land 12 -- 1 of 23 -- Section Page ii Authorised by the Chief Parliamentary Counsel 17 Consequences of revoking reservations and Crown grants— Coleraine Racecourse land 12 18 Re-reservation of Coleraine Racecourse land 13 19 Coleraine Racing Club Inc. to be committee of management 13 Part 6—General 14 20 Registrar of Titles to make amendments necessary for this Act 14 Schedule 1—Land in respect of which reservations are revoked 15 ═════════════ Endnotes 21 1 General information 21 -- 2 of 23 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Land (Revocation of Reservations) Act 2019† No. 48 of 2019 [Assented to 3 December 2019] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to revoke the permanent reservation of land adjoining Frankston Hospital and to provide for the temporary re-reservation of the land; and Victoria -- 3 of 23 -- Part 1—Preliminary Land (Revocation of Reservations) Act 2019 No. 48 of 2019 2 Authorised by the Chief Parliamentary Counsel (b) to revoke part of the permanent reservation of land at Lower Reserve, Camberwell, and to provide for the temporary re-reservation of that land; and (c) to revoke the permanent reservation of part of the land on the Geelong Foreshore; and (d) to revoke the permanent reservation and related Crown grants of land at the Coleraine Racecourse and to provide for the permanent re-reservation of the land. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 27 August 2020, it comes into operation on that day. -- 4 of 23 -- Part 2—Frankston land Land (Revocation of Reservations) Act 2019 No. 48 of 2019 3 Authorised by the Chief Parliamentary Counsel Part 2—Frankston land 3 Revocation of reservations—Frankston land The Orders in Council specified in items 1, 2 and 3 of Schedule 1 are revoked to the extent specified in those items. 4 Consequences of revocation—Frankston land On the revocation of the Orders in Council specified in items 1, 2 and 3 of Schedule 1 reserving the land described in those items— (a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) subject to section 5, the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and (c) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and (d) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. 5 Temporary reservation of Frankston land On the revocation of the Orders in Council specified in items 1, 2 and 3 of Schedule 1— (a) the land described in those items is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for hospital purposes; and -- 5 of 23 -- Part 2—Frankston land Land (Revocation of Reservations) Act 2019 No. 48 of 2019 4 Authorised by the Chief Parliamentary Counsel (b) Peninsula Health Inc. continues to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978. -- 6 of 23 -- Part 3—Lower Reserve, Camberwell Land (Revocation of Reservations) Act 2019 No. 48 of 2019 5 Authorised by the Chief Parliamentary Counsel Part 3—Lower Reserve, Camberwell Division 1—Crown Allotment 2145, Lower Reserve, Camberwell 6 Revocation of reservation—Crown Allotment 2145, Lower Reserve, Camberwell The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2145, Parish of Boroondara. 7 Consequences of revocation—Crown Allotment 2145, Lower Reserve, Camberwell Subject to section 8, on the revocation of the Order in Council specified in item 4 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2145, Parish of Boroondara— (a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and (c) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and (d) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. 8 Temporary reservation of Crown Allotment 2145, Lower Reserve, Camberwell On the revocation of the Order in Council specified in item 4 of Schedule 1 to the extent that it applies to the land described in Crown -- 7 of 23 -- Part 3—Lower Reserve, Camberwell Land (Revocation of Reservations) Act 2019 No. 48 of 2019 6 Authorised by the Chief Parliamentary Counsel Allotment 2145, Parish of Boroondara, that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for State school purposes. Division 2—Crown Allotment 2144, Lower Reserve, Camberwell 9 Revocation of reservation—Crown Allotment 2144, Lower Reserve, Camberwell The Order in Council specified in item 5 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2144, Parish of Boroondara. 10 Consequences of revocation—Crown Allotment 2144, Lower Reserve, Camberwell Subject to this Division, on the revocation of the Order in Council specified in item 5 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2144, Parish of Boroondara— (a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and (c) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and (d) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. -- 8 of 23 -- Part 3—Lower Reserve, Camberwell Land (Revocation of Reservations) Act 2019 No. 48 of 2019 7 Authorised by the Chief Parliamentary Counsel 11 Temporary reservation of Crown Allotment 2144, Lower Reserve, Camberwell On the revocation of the Order in Council specified in item 5 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2144, Parish of Boroondara— (a) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public recreation purposes; and (b) the City of Boroondara is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of that land. 12 Revocation of reservation does not affect certain rights Nothing in this Division affects the following— (a) the licence dated 7 February 2018 between the City of Boroondara as committee of management and Camberwell Primary School as licensee, as in force immediately before the commencement of section 9; (b) the licence dated 3 August 2015 between the City of Boroondara as committee of management and Camberwell Junction Tennis Club Incorporated as licensee, as in force immediately before the commencement of section 9. 13 Preservation of licences does not place parties in breach Nothing done by virtue of this Division— (a) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a licence referred to in section 12 including any provision -- 9 of 23 -- Part 3—Lower Reserve, Camberwell Land (Revocation of Reservations) Act 2019 No. 48 of 2019 8 Authorised by the Chief Parliamentary Counsel prohibiting, restricting or regulating the assignment of the licence; or (b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or (c) releases the obligor wholly or in part from any obligation. -- 10 of 23 -- Part 4—Geelong Foreshore reserve Land (Revocation of Reservations) Act 2019 No. 48 of 2019 9 Authorised by the Chief Parliamentary Counsel Part 4—Geelong Foreshore reserve 14 Revocation of reservations—Geelong Foreshore (1) The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it relates to the land specified in that item. (2) The Order in Council specified in item 7 of Schedule 1 is revoked to the extent that it relates to the land specified in that item. (3) The Order in Council specified in item 8 of Schedule 1 is revoked to the extent that it relates to the land specified in that item. (4) The Order in Council specified in item 9 of Schedule 1 is revoked to the extent that it relates to the land specified in that item. 15 Consequences of revocation—Geelong Foreshore (1) On the revocation of the Orders in Council specified in items 6, 7, 8 and 9 of Schedule 1 to the extent that it relates to the land specified in those items— (a) subject to this Part, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and (c) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and (d) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. -- 11 of 23 -- Part 4—Geelong Foreshore reserve Land (Revocation of Reservations) Act 2019 No. 48 of 2019 10 Authorised by the Chief Parliamentary Counsel (2) The following are authorised, and are taken to always have been authorised, for the purposes of section 8 of the Crown Land (Reserves) Act 1978— (a) the issue of Crown grant Volume 10269 Folio 410; (b) the issue of Crown grant Volume 10269 Folio 411; (c) the issue of Certificate of Title Volume 10288 Folios 515, 516, 517 and 518; (d) the recording of any interest, or any dealing, in any land specified in item 7 of Schedule 1 subsequent to the issue of Crown grant Volume 10269 Folio 410; (e) the recording of any interest, or any dealing, in any land specified in item 8 of Schedule 1 subsequent to the issue of Crown grant Volume 10269 Folio 411; (f) the recording of any interest, or any dealing, in any land specified in item 9 of Schedule 1 subsequent to the issue of Certificate of Title Volume 10288 Folios 515, 516, 517 and 518. (3) Nothing done by virtue of this Part— (a) affects any holding or interest in any land specified in item 7, 8 or 9 of Schedule 1; or (b) affects any mortgage or encumbrance recorded in respect of any land specified in item 7, 8 or 9 of Schedule 1; or (c) affects any dealing in any land specified in item 7, 8 or 9 of Schedule 1; or (d) affects the appointment of any trustee that relates to any land specified in item 7, 8 or 9 of Schedule 1; or -- 12 of 23 -- Part 4—Geelong Foreshore reserve Land (Revocation of Reservations) Act 2019 No. 48 of 2019 11 Authorised by the Chief Parliamentary Counsel (e) is to be regarded as placing any person in breach of, or as constituting a default under, any obligation; or (f) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or (g) releases the obligor wholly or in part from any obligation. -- 13 of 23 -- Part 5—Coleraine Racecourse land Land (Revocation of Reservations) Act 2019 No. 48 of 2019 12 Authorised by the Chief Parliamentary Counsel Part 5—Coleraine Racecourse land 16 Revocation of reservations and Crown grants— Coleraine Racecourse land (1) The Order in Council specified in item 10 of Schedule 1 is revoked to the extent that it relates to the land specified in that item. (2) Crown grant Volume 1513 Folio 520 is revoked. (3) Crown grant Volume 4060 Folio 980 is revoked. (4) The land specified in item 11 of Schedule 1 ceases to be subject to the reservation imposed by virtue of section 3 of, and the Second and Third Schedules to, the Coleraine Race-course Act 1901 as in force immediately before the repeal of that Act by section 4(1) of the Statute Law Revision Act 1984. 17 Consequences of revoking reservations and Crown grants—Coleraine Racecourse land On the revocation of the reservations of land referred to in items 10 and 11 of Schedule 1— (a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) subject to section 19, the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and (c) the appointment of any trustee of the land is revoked to the extent that it relates to that land; and (d) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. -- 14 of 23 -- Part 5—Coleraine Racecourse land Land (Revocation of Reservations) Act 2019 No. 48 of 2019 13 Authorised by the Chief Parliamentary Counsel 18 Re-reservation of Coleraine Racecourse land On the revocation of the reservations of land referred to in items 10 and 11 of Schedule 1, that land is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 as a site for a racecourse. 19 Coleraine Racing Club Inc. to be committee of management On the revocation of the reservations of land referred to in items 10 and 11 of Schedule 1, Coleraine Racing Club Inc. is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of that land. -- 15 of 23 -- Part 6—General Land (Revocation of Reservations) Act 2019 No. 48 of 2019 14 Authorised by the Chief Parliamentary Counsel Part 6—General 20 Registrar of Titles to make amendments necessary for this Act The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act. -- 16 of 23 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2019 No. 48 of 2019 15 Authorised by the Chief Parliamentary Counsel Schedule 1—Land in respect of which reservations are revoked Item 1—Frankston land Situation and area of reserved land: Crown Allotment 4A of Section 14, Township of Frankston, Parish of Frankston, being 6569 square metres. Instrument and date of reservation: Order in Council dated 15 December 1964, published in the Government Gazette dated 23 December 1964, page 3811. Description of reserved land by reference to Government Gazette: Government Gazette dated 23 December 1964, page 3811. Purpose of reservation: Public Recreation. Extent of revocation: The entire reserve. Item 2—Frankston land Situation and area of reserved land: Crown Allotment 4B of Section 14, Township of Frankston, Parish of Frankston, being 2150 square metres. Instrument and date of reservation: Order in Council dated 3 December 1963, published in the Government Gazette dated 11 December 1963, page 3619. Description of reserved land by reference to Government Gazette: Government Gazette dated 11 December 1963, page 3619. Purpose of reservation: Public Recreation. Extent of revocation: The reserve so far as it relates to Crown Allotment 4B of Section 14, Township of Frankston, Parish of Frankston. -- 17 of 23 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2019 No. 48 of 2019 16 Authorised by the Chief Parliamentary Counsel Item 3—Frankston land Situation and area of reserved land: Crown Allotment 4F of Section 14, Township of Frankston, Parish of Frankston, being 1701 square metres. Instrument and date of reservation: Order in Council dated 3 December 1963, published in the Government Gazette dated 11 December 1963, page 3619. Description of reserved land by reference to Government Gazette: Government Gazette dated 11 December 1963, page 3619. Purpose of reservation: Public Recreation. Extent of revocation: The reserve so far as it relates to Crown Allotment 4F of Section 14, Township of Frankston, Parish of Frankston. Item 4—Lower Reserve, Camberwell land Situation and area of reserved land: Crown Allotment 2145, Parish of Boroondara, being 2900 square metres. Instrument and date of reservation: Order in Council dated 23 November 1885, published in the Government Gazette dated 27 November 1885, page 3169. Description of reserved land by reference to Government Gazette: Government Gazette dated 23 October 1885, page 2929. Purpose of reservation: Public gardens. Extent of revocation: The reserve so far as it relates to Crown Allotment 2145, Parish of Boroondara. -- 18 of 23 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2019 No. 48 of 2019 17 Authorised by the Chief Parliamentary Counsel Item 5—Lower Reserve, Camberwell land Situation and area of reserved land: Crown Allotment 2144, Parish of Boroondara, being 2177 square metres. Instrument and date of reservation: Order in Council dated 23 November 1885, published in the Government Gazette dated 27 November 1885, page 3169. Description of reserved land by reference to Government Gazette: Government Gazette dated 23 October 1885, page 2929. Purpose of reservation: Public gardens. Extent of revocation: The reserve so far as it relates to Crown Allotment 2144, Parish of Boroondara. Item 6—Geelong Foreshore land Situation and area of reserved land: Crown Allotment 2095, Parish of Moorpanyal, being 1800 square metres. Instrument and date of reservation: Order in Council dated 26 May 1873, published in the Government Gazette dated 13 June 1873, page 1059. Description of reserved land by reference to Government Gazette: Government Gazette dated 15 June 1872, page 2086. Purpose of reservation: Public Purposes. Extent of revocation: The reserve so far as it relates to Crown Allotment 2095. -- 19 of 23 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2019 No. 48 of 2019 18 Authorised by the Chief Parliamentary Counsel Item 7—Geelong Foreshore land Situation and area of reserved land: Crown Allotment 60A, Parish of Moorpanyal, being the land shown hatched on plan LEGL./17-444 held in the Central Plan Office, being 6400 square metres. Instrument and date of reservation: Order in Council dated 26 May 1873, published in the Government Gazette dated 13 June 1873, page 1059. Description of reserved land by reference to Government Gazette: Government Gazette dated 15 June 1872, page 2086. Purpose of reservation: Public Purposes. Extent of revocation: The reserve so far as it relates to the part of Crown Allotment 60A shown hatched on plan LEGL./ 17-444 held in the Central Plan Office. Item 8—Geelong Foreshore land Situation and area of reserved land: Crown Allotment 60B, Parish of Moorpanyal, being the land shown hatched on plan LEGL./17-444 held in the Central Plan Office, being 30 square metres. Instrument and date of reservation: Order in Council dated 26 May 1873, published in the Government Gazette dated 13 June 1873, page 1059. Description of reserved land by reference to Government Gazette: Government Gazette dated 15 June 1872, page 2086. Purpose of reservation: Public Purposes. Extent of revocation: The reserve so far as it relates to the part of Crown Allotment 60B shown hatched on plan LEGL./ 17-444 held in the Central Plan Office. -- 20 of 23 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2019 No. 48 of 2019 19 Authorised by the Chief Parliamentary Counsel Item 9—Geelong Foreshore land Situation and area of reserved land: Crown Allotment 60, Parish of Moorpanyal, being the land shown hatched on plan LEGL./17-444 held in the Central Plan Office, being 700 square metres. Instrument and date of reservation: Order in Council dated 26 May 1873, published in the Government Gazette dated 13 June 1873, page 1059. Description of reserved land by reference to Government Gazette: Government Gazette dated 15 June 1872, page 2086. Purpose of reservation: Public Purposes. Extent of revocation: The reserve so far as it relates to the part of Crown Allotment 60 shown hatched on plan LEGL./17-444 held in the Central Plan Office. Item 10—Coleraine Racecourse land Situation and area of reserved land: Crown Allotment 4 of Section 20, Parish of Coleraine, being 43.3044 hectares. Instrument and date of reservation: Order in Council dated 22 May 1883, published in the Government Gazette on 25 May 1883, page 1064. Description of reserved land by reference to Government Gazette: Government Gazette dated 27 April 1883, page 891. Crown grant details: Volume 1513 Folio 520. Purpose of reservation: Site for a Racecourse, permanent. Extent of revocation: The entire reserve. -- 21 of 23 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2019 No. 48 of 2019 20 Authorised by the Chief Parliamentary Counsel Item 11—Coleraine Racecourse land Situation and area of reserved land: Crown Allotments 4B and 4C of Section 20, Parish of Coleraine, being 19.102 hectares. Instrument and date of reservation: 1. Crown grant Volume 4060 Folio 980. 2. The Coleraine Race-course Act 1901, section 3 and the Second and Third Schedules. Description of reserved land by reference to Act: Second and Third Schedules to the Coleraine Race-course Act 1901. Crown grant details: Volume 4060 Folio 980. Purpose of reservation: Site for a Racecourse, permanent. Extent of revocation: The entire reserve. ═════════════ -- 22 of 23 -- Endnotes Land (Revocation of Reservations) Act 2019 No. 48 of 2019 21 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 11 September 2019 Legislative Council: 29 October 2019 The long title for the Bill for this Act was "A Bill for an Act to provide for the revocation of certain permanent reservations of Crown land at Frankston, Camberwell, Geelong and Coleraine, to revoke related Crown grants and to re-reserve certain land and for other purposes." -- 23 of 23 --