Land (Revocation of Reservations - Metropolitan Land) Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Cranbourne Racecourse land 3 3 Revocation of reservation—Cranbourne Racecourse land 3 4 Consequences of revocation—Cranbourne Racecourse land 3 5 Temporary reservation of Cranbourne Racecourse land 3 6 Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated taken to be committee of management of Cranbourne Racecourse land 4 7 Saving of leases over Cranbourne Racecourse land 4 8 Saving of leases does not place parties in breach 6 Part 3—Fitzroy Gasworks land 7 9 Revocation of reservation—Fitzroy Gasworks land 7 10 Consequences of revocation—Fitzroy Gasworks land 7 Part 4—Cemetery land at Springvale 8 11 Revocation of reservation—Cemetery land at Springvale 8 12 Consequences of revocation—Cemetery land at Springvale 8 13 Temporary reservation for cemetery purposes 9 Part 5—General 10 14 Registrar of Titles to make amendments necessary for this Act 10 Schedule 1—Land in respect of which reservations are revoked 11 ═══════════════ Endnotes 13 1 General information 13 -- 1 of 14 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Land (Revocation of Reservations - Metropolitan Land) Act 2016 † No. 31 of 2016 [Assented to 31 May 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to revoke the permanent reservation of certain racecourse land at Cranbourne, to provide for the temporary reservation of that land for the purposes of a racecourse and public recreation, and to save certain leases over that land; and Victoria -- 2 of 14 -- Part 1—Preliminary Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 2 Authorised by the Chief Parliamentary Counsel (b) to revoke the permanent reservation of certain gasworks land at Fitzroy; and (c) to revoke the permanent reservation of certain cemetery land at Springvale and to temporarily reserve that land for cemetery purposes. 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 1 April 2017, it comes into operation on that day. -- 3 of 14 -- Part 2—Cranbourne Racecourse land Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Cranbourne Racecourse land 3 Revocation of reservation—Cranbourne Racecourse land The Order in Council specified in item 1 of Schedule 1 is revoked. 4 Consequences of revocation—Cranbourne Racecourse land Subject to this Part, on the revocation by this Part of the Order in Council specified in item 1 of Schedule 1 reserving the land described in that item— (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 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 Cranbourne Racecourse land On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1 reserving the land described in that item, that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of a racecourse and public recreation. -- 4 of 14 -- Part 2—Cranbourne Racecourse land Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 4 Authorised by the Chief Parliamentary Counsel 6 Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated taken to be committee of management of Cranbourne Racecourse land On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1 reserving the land described in that item, Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of that land. 7 Saving of leases over Cranbourne Racecourse land On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1 reserving the land described in that item, the following leases granted with respect to that land are taken to continue in force— (a) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and St John Ambulance Australia (Victoria) commencing on 19 August 1999 for the storage of St John Ambulance vehicles and equipment; (b) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Turf Club Incorporated commencing on 7 April 2000 for a manager's residence and maintenance area; (c) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Harness Racing Club Incorporated dated 22 June 2004 for the conduct of race meetings and activities as a private members' -- 5 of 14 -- Part 2—Cranbourne Racecourse land Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 5 Authorised by the Chief Parliamentary Counsel racing club, the training and stabling of racehorses, recreational and community uses between race meetings, and all reasonably associated or incidental activities; (d) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Turf Club Incorporated dated 22 June 2004 for the conduct of race meetings and activities as a private members' racing club, the training and stabling of racehorses, recreational and community uses between race meetings, and all reasonably associated or incidental activities; (e) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Turf Club Incorporated, Cranbourne Harness Racing Club Incorporated and Cranbourne Greyhound Racing Club Incorporated dated 22 June 2004 for the conduct of race meetings and activities as a private members' racing club, the training and stabling of racehorses, recreational and community uses between race meetings, and all reasonably associated or incidental activities; (f) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Turf Club Incorporated and Cranbourne Harness Racing Club Incorporated dated 22 June 2004 for the stabling of racehorses, recreational and community uses between race meetings, and all reasonably associated or incidental activities; -- 6 of 14 -- Part 2—Cranbourne Racecourse land Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 6 Authorised by the Chief Parliamentary Counsel (g) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Greyhound Racing Club Incorporated on 9 July 2004 for the conduct of race meetings and activities as a private members' racing club, the racing, training and kennelling of greyhounds, recreational and community uses between race meetings, and all reasonably associated or incidental activities; (h) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Sports and Entertainment Centre Pty Ltd, ACN 084 517 000 commencing on 1 June 2014 for restaurant, entertainment, gaming and associated activities. 8 Saving of leases does not place parties in breach Nothing done by virtue of section 7— (a) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease referred to in that section including any provision prohibiting, restricting or regulating the assignment of a lease; 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. -- 7 of 14 -- Part 3—Fitzroy Gasworks land Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 7 Authorised by the Chief Parliamentary Counsel Part 3—Fitzroy Gasworks land 9 Revocation of reservation—Fitzroy Gasworks land The Order in Council specified in item 2 of Schedule 1 is revoked. 10 Consequences of revocation—Fitzroy Gasworks land On the revocation by this Part of the Order in Council specified in item 2 of Schedule 1 reserving the land described in that item— (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 under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. -- 8 of 14 -- Part 4—Cemetery land at Springvale Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 8 Authorised by the Chief Parliamentary Counsel Part 4—Cemetery land at Springvale 11 Revocation of reservation—Cemetery land at Springvale The Order in Council specified in item 3 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2252, Parish of Dandenong, County of Bourke. 12 Consequences of revocation—Cemetery land at Springvale Subject to section 13, on the revocation of the Order in Council specified in item 3 of Schedule 1 reserving the land described in that item to the extent that the Order applies to Crown Allotment 2252, Parish of Dandenong, County of Bourke— (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 under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. -- 9 of 14 -- Part 4—Cemetery land at Springvale Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 9 Authorised by the Chief Parliamentary Counsel 13 Temporary reservation for cemetery purposes On the revocation of the Order in Council specified in item 3 of Schedule 1 to the extent that the Order applies to the land described as Crown Allotment 2252, Parish of Dandenong, County of Bourke— (a) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for cemetery purposes; and (b) that land is taken to be a public cemetery established under section 4 of the Cemeteries and Crematoria Act 2003; and (c) the Adass Israel Cemetery Trust continues to administer that land as the cemetery trust for the Adass Israel Public Cemetery under the Cemeteries and Crematoria Act 2003 as if it had been appointed as a cemetery trust for that land under section 8(1)(a) of that Act. -- 10 of 14 -- Part 5—General Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 10 Authorised by the Chief Parliamentary Counsel Part 5—General 14 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. -- 11 of 14 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 11 Authorised by the Chief Parliamentary Counsel Schedule 1—Land in respect of which reservations are revoked Item 1—Cranbourne Racecourse land Situation and area of land: Crown Allotment 21H, Township of Cranbourne, Parish of Cranbourne, being 44·68 hectares. Instrument and date of reservation: Order in Council dated 20 August 1888, published in the Government Gazette on 24 August 1888 at page 2658. Description of reserved land by reference to Government Gazette: Government Gazette dated 13 July 1888 at page 2304. Purpose of reservation: Site for a Racecourse and other purposes of Public Recreation. Extent of revocation: The entire reserve. Item 2—Fitzroy Gasworks land Situation and area of land: Crown Allotment A5, At North Fitzroy, Parish of Jika Jika, County of Bourke, being 0·602 hectares. Instrument and date of reservation: Order in Council dated 8 November 1880, published in the Government Gazette on 12 November 1880 at page 2775. Description of reserved land by reference to Government Gazette: Government Gazette dated 15 October 1880 at page 2546. Purpose of reservation: Site for Municipal purposes. Extent of revocation: The entire reserve. -- 12 of 14 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 12 Authorised by the Chief Parliamentary Counsel Item 3—Cemetery land at Springvale Situation and area of land: Crown Allotment 2252, Parish of Dandenong, County of Bourke, being 423 square metres. Instrument and date of reservation: Order in Council dated 28 October 1958, published in the Government Gazette on 5 November 1958 at page 3540. Description of reserved land by reference to Government Gazette: Government Gazette dated 8 October 1958 at page 3301 (described as Crown Allotment 8A). Purpose of reservation: Site for a Cemetery. Extent of revocation: The reserve so far as it applies to Crown Allotment 2252, Parish of Dandenong, County of Bourke. ═══════════════ -- 13 of 14 -- Endnotes Land (Revocation of Reservations - Metropolitan Land) Act 2016 No. 31 of 2016 13 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: 13 April 2016 Legislative Council: 5 May 2016 The long title for the Bill for this Act was "A Bill for an Act to revoke permanent reservations of certain land at Cranbourne, Fitzroy and Springvale, to provide for the reservation of certain land for specified purposes and to save certain leases and for other purposes." -- 14 of 14 --