Land (Revocation of Reservations) Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Land (Revocation of Reservations) Act 2016 No. 13 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Albert Park land 3 3 Revocation of reservation—Albert Park land 3 4 Consequences of revocation—Albert Park land 3 5 Permanent reservation of Albert Park land 3 6 Preservation of lease—Albert Park land 4 Part 3—Ballarat North land 5 7 Revocation of reservation—Ballarat North land 5 8 Consequences of revocation—Ballarat North land 5 9 Preservation of lease—Ballarat North land 5 Part 4—Caulfield land 7 10 Revocation of reservation—Caulfield land 7 11 Consequences of revocation—Caulfield land 7 12 Permanent reservation of Caulfield land 7 13 Glen Eira City Council is committee of management 8 Part 5—Cobram land 9 14 Revocation of reservation—Cobram land 9 15 Consequences of revocation—Cobram land 9 Part 6—Flinders land 10 16 Revocation of reservation—Flinders land 10 17 Consequences of revocation—Flinders land 10 Part 7—Waaia land 11 18 Revocation of reservation—Waaia land 11 19 Consequences of revocation—Waaia land 11 Part 8—Wedderburn land 12 20 Revocation of reservation—Wedderburn land 12 21 Consequences of revocation—Wedderburn land 12 -- 1 of 21 -- Section Page ii Authorised by the Chief Parliamentary Counsel 22 Temporary reservation of Wedderburn land 12 23 Loddon Shire Council is committee of management 13 Part 9—General 14 24 Registrar of Titles to make amendments necessary for this Act 14 25 Preservation of lease does not place parties in breach 14 Schedule 1—Land in respect of which reservations are revoked 15 ═══════════════ Endnotes 19 1 General information 19 -- 2 of 21 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Land (Revocation of Reservations) Act 2016† No. 13 of 2016 [Assented to 5 April 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to revoke the permanent reservation of certain land at Albert Park and to provide that that land is taken to be permanently reserved for educational purposes; and Victoria -- 3 of 21 -- Part 1—Preliminary Land (Revocation of Reservations) Act 2016 No. 13 of 2016 2 Authorised by the Chief Parliamentary Counsel (b) to revoke part of the permanent reservation of certain land at Ballarat North; and (c) to revoke the permanent reservation of certain land at Caulfield and to provide that that land is taken to be permanently reserved for public purposes, being in particular the purposes of a public park, gardens and recreation; and (d) to revoke part of the permanent reservation of certain land at Cobram; and (e) to revoke part of the permanent reservation of certain land at Flinders; and (f) to revoke part of the permanent reservation of certain land at Waaia; and (g) to revoke the permanent reservation of certain land at Wedderburn and to provide that that land is taken to be temporarily reserved for public purposes. 2 Commencement (1) This Act, except Parts 2 and 6 and items 1 and 5 of Schedule 1, comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsection (4), Part 2 and item 1 of Schedule 1 come into operation on a day to be proclaimed. (3) Subject to subsection (4), Part 6 and item 5 of Schedule 1 come into operation on a day to be proclaimed. (4) If a provision referred to in subsection (2) or (3) does not come into operation before 1 September 2016, it comes into operation on that day. -- 4 of 21 -- Part 2—Albert Park land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Albert Park land 3 Revocation of reservation—Albert Park land The Order in Council specified in item 1 of Schedule 1 is revoked. 4 Consequences of revocation—Albert Park 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— (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 Permanent reservation of Albert Park land On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1, the land described in that item is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for educational purposes. -- 5 of 21 -- Part 2—Albert Park land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 4 Authorised by the Chief Parliamentary Counsel 6 Preservation of lease—Albert Park land (1) Nothing done by this Part affects the status or continuity of the lease over part of the land described in item 1 of Schedule 1 that was entered into by Parks Victoria and State Orchestra of Victoria ACN 096 788 804 and that commenced on 27 April 2006 and that was in force immediately before the commencement of this Part. (2) The lease referred to in subsection (1) has effect from the commencement of this Part— (a) as if the lease were a lease granted under section 5.2.5 of the Education and Training Reform Act 2006 by the Minister administering that section; and (b) as if the lease referred to that Minister instead of Parks Victoria. -- 6 of 21 -- Part 3—Ballarat North land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 5 Authorised by the Chief Parliamentary Counsel Part 3—Ballarat North land 7 Revocation of reservation—Ballarat North land The Order in Council specified in item 2 of Schedule 1 is revoked to the extent that it applies to Crown Allotments 2005 and 2007, Parish of Ballarat. 8 Consequences of revocation—Ballarat North land On the revocation by this Part of the Order in Council specified in item 2 of Schedule 1 to the extent that it applies to the land described in Crown Allotments 2005 and 2007, Parish of Ballarat— (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 Preservation of lease—Ballarat North land (1) Nothing done by this Part affects the status or continuity of the lease over the land described in Crown Allotments 2005 and 2007, Parish of Ballarat that was entered into by the City of Ballarat and North Ballarat Football Club Inc. and that commenced on 1 October 2013 and that was -- 7 of 21 -- Part 3—Ballarat North land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 6 Authorised by the Chief Parliamentary Counsel in force immediately before the commencement of this Part. (2) The lease referred to in subsection (1) has effect from the commencement of this Part— (a) as if the lease were a lease granted under section 134 of the Land Act 1958 by the Minister administering that section in relation to Crown Allotments 2005 and 2007, Parish of Ballarat; and (b) as if the lease referred to that Minister instead of the City of Ballarat. -- 8 of 21 -- Part 4—Caulfield land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 7 Authorised by the Chief Parliamentary Counsel Part 4—Caulfield land 10 Revocation of reservation—Caulfield land The Order in Council specified in item 3 of Schedule 1 is revoked. 11 Consequences of revocation—Caulfield land On the revocation by this Part of the Order in Council specified in item 3 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. 12 Permanent reservation of Caulfield land On the revocation by this Part of the Order in Council specified in item 3 of Schedule 1, the land described in that item is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being in particular the purposes of a public park, gardens and recreation. -- 9 of 21 -- Part 4—Caulfield land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 8 Authorised by the Chief Parliamentary Counsel 13 Glen Eira City Council is committee of management On the commencement of this section, the Glen Eira City Council is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of the land described in item 3 of Schedule 1. -- 10 of 21 -- Part 5—Cobram land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 9 Authorised by the Chief Parliamentary Counsel Part 5—Cobram land 14 Revocation of reservation—Cobram land The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2008, Parish of Boosey. 15 Consequences of revocation—Cobram land On the revocation by this Part 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 2008, Parish of Boosey— (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. -- 11 of 21 -- Part 6—Flinders land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 10 Authorised by the Chief Parliamentary Counsel Part 6—Flinders land 16 Revocation of reservation—Flinders land The Order in Council specified in item 5 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2034, Parish of Flinders. 17 Consequences of revocation—Flinders land On the revocation by this Part 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 2034, Parish of Flinders— (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. -- 12 of 21 -- Part 7—Waaia land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 11 Authorised by the Chief Parliamentary Counsel Part 7—Waaia land 18 Revocation of reservation—Waaia land The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2039, Parish of Waaia. 19 Consequences of revocation—Waaia land On the revocation by this Part of the Order in Council specified in item 6 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2039, Parish of Waaia— (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. -- 13 of 21 -- Part 8—Wedderburn land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 12 Authorised by the Chief Parliamentary Counsel Part 8—Wedderburn land 20 Revocation of reservation—Wedderburn land The Order in Council specified in item 7 of Schedule 1 is revoked. 21 Consequences of revocation—Wedderburn land On the revocation by this Part of the Order in Council specified in item 7 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 the 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. 22 Temporary reservation of Wedderburn land On the revocation by this Part of the Order in Council specified in item 7 of Schedule 1, the land described in that item is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes. -- 14 of 21 -- Part 8—Wedderburn land Land (Revocation of Reservations) Act 2016 No. 13 of 2016 13 Authorised by the Chief Parliamentary Counsel 23 Loddon Shire Council is committee of management On the commencement of this section, Loddon Shire Council is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of the land described in item 7 of Schedule 1. -- 15 of 21 -- Part 9—General Land (Revocation of Reservations) Act 2016 No. 13 of 2016 14 Authorised by the Chief Parliamentary Counsel Part 9—General 24 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. 25 Preservation of lease does not place parties in breach Nothing done by virtue of section 6 or 9— (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 those sections including any provision prohibiting, restricting or regulating the assignment of the 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. -- 16 of 21 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2016 No. 13 of 2016 15 Authorised by the Chief Parliamentary Counsel Schedule 1—Land in respect of which reservations are revoked Item 1—Albert Park land Situation and area of reserved land: Crown Allotment 2027, Parish of Melbourne South, being 9283 square metres. Instrument and date of reservation: Order in Council dated 29 October 2002, published in the Government Gazette dated 31 October 2002, page 2934. Description of reserved land by reference to Government Gazette: Government Gazette dated 31 October 2002, page 2934. Purpose of reservation: Public Park. Extent of revocation: The entire reserve. Item 2—Ballarat North land Situation and area of reserved land: Crown Allotments 5A, 2005 and 2007, Parish of Ballarat, being 7.6241 hectares in total. Instrument and date of reservation: Order in Council dated 9 September 1935, published in the Government Gazette dated 11 September 1935, page 2359. Description of reserved land by reference to Government Gazette: Government Gazette dated 14 August 1935, page 2137. Purpose of reservation: Show Yards and Public Recreation. Extent of revocation: The reserve so far as it relates to Crown Allotments 2005 and 2007, Parish of Ballarat. -- 17 of 21 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2016 No. 13 of 2016 16 Authorised by the Chief Parliamentary Counsel Item 3—Caulfield land Situation and area of reserved land: Crown Allotment 32B, Parish of Prahran at Caulfield, being 2.0285 hectares. Instrument and date of reservation: Order in Council dated 23 August 1966, published in the Government Gazette dated 31 August 1966, page 3198. Description of reserved land by reference to Government Gazette: Government Gazette dated 20 July 1966, page 2633. Purpose of reservation: Public purposes (swimming pool, other associated facilities and car parking). Extent of revocation: The entire reserve. Item 4—Cobram land Situation and area of reserved land: The left bank of the River Murray in the Parish of Boosey. Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette dated 27 May 1881, page 1389. Description of reserved land by reference to Government Gazette: Government Gazette dated 11 February 1881, page 484. Purpose of reservation: Public Purposes. Extent of revocation: The reserve so far as it relates to Crown Allotment 2008, Parish of Boosey. -- 18 of 21 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2016 No. 13 of 2016 17 Authorised by the Chief Parliamentary Counsel Item 5—Flinders land Situation and area of reserved land: Crown Allotments 2034, 2035 and 2036 (formerly Crown Allotment 5, Section A), Parish of Flinders, being 63.76 hectares in total. Instrument and date of reservation: Order in Council dated 27 April 1982, published in the Government Gazette dated 5 May 1982, page 1277. Description of reserved land by reference to Government Gazette: Government Gazette dated 5 May 1982, page 1277. Purpose of reservation: Preservation of Species of Native Plants. Extent of revocation: The reserve so far as it relates to Crown Allotment 2034, Parish of Flinders. Item 6—Waaia land Situation and area of reserved land: The bed and banks of the Broken Creek in the Parish of Waaia. Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette dated 27 May 1881, page 1389. Description of reserved land by reference to Government Gazette: Government Gazette dated 18 March 1881, page 817. Purpose of reservation: Public purposes. Extent of revocation: The reserve so far as it relates to Crown Allotment 2039, Parish of Waaia. -- 19 of 21 -- Schedule 1—Land in respect of which reservations are revoked Land (Revocation of Reservations) Act 2016 No. 13 of 2016 18 Authorised by the Chief Parliamentary Counsel Item 7—Wedderburn land Situation and area of reserved land: Crown Allotment 25A, Section M, Parish of Wedderburne, being 2108 square metres. Instrument and date of reservation: Order in Council dated 27 November 1862, published in the Government Gazette dated 5 December 1862, page 2488. Description of reserved land by reference to Government Gazette: Government Gazette dated 5 December 1862, page 2488. Purpose of reservation: Mechanics Institute. Extent of revocation: The entire reserve. ═══════════════ -- 20 of 21 -- Endnotes Land (Revocation of Reservations) Act 2016 No. 13 of 2016 19 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: 21 October 2015 Legislative Council: 10 December 2015 The long title for the Bill for this Act was "A Bill for an Act to revoke permanent reservations of certain land, to provide for reservations of certain land for specified purposes and for other purposes." -- 21 of 21 --