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Land (Revocation of Reservations) Act 2012

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i Land (Revocation of Reservations) Act 2012 No. 24 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—ST KILDA LAND 3 3 Revocation of reservation and Crown grant—St Kilda land 3 4 Consequences of revocation—St Kilda land 3 5 Temporary reservation of St Kilda land 3 6 City of Port Phillip is committee of management 4 PART 3—FORMER FITZROY GASWORKS 5 7 Revocation of reservation—Former Fitzroy Gasworks 5 8 Consequences of revocation—Former Fitzroy Gasworks 5 9 Preservation of leases and licences while land remains Crown land 5 PART 4—TOOLANGI POTATO RESEARCH FARM 7 10 Revocation of reservation—Toolangi Potato Research Farm 7 11 Consequences of revocation—Toolangi Potato Research Farm 7 12 Certain land taken to be reserved forest 7 PART 5—SNEYDES ROAD, WERRIBEE 9 13 Revocation of reservation—Sneydes Road, Werribee 9 14 Consequences of revocation—Sneydes Road, Werribee 9 PART 6—INGLEWOOD HOSPITAL RESERVE 10 15 Revocation of reservation—Inglewood Hospital Reserve 10 16 Consequences of revocation—Inglewood Hospital Reserve 10 PART 7—BARWON HEADS LAND 11 17 Revocation of reservation—Barwon Heads land 11 18 Consequences of revocation—Barwon Heads land 11 -- 1 of 23 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 8—SOUTH MELBOURNE TEMPERANCE HALL 12 19 Revocation of reservation and Crown grant—South Melbourne Temperance Hall 12 20 Consequences of revocation—South Melbourne Temperance Hall 12 PART 9—GENERAL 13 21 Registrar of Titles to make amendments necessary for this Act 13 __________________ SCHEDULES 14 SCHEDULE 1—Land in Respect of which Reservations are Revoked 14 SCHEDULE 2—St Kilda Land 18 SCHEDULE 3—Inglewood Hospital Reserve 19 SCHEDULE 4—Barwon Heads Land 20 ═══════════════ ENDNOTES 21 -- 2 of 23 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Land (Revocation of Reservations) Act 2012 † No. 24 of 2012 [Assented to 8 May 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to revoke the permanent reservation and related Crown grant of certain land next to the St Kilda Town Hall and to provide that that land is taken to be temporarily reserved for municipal purposes; Victoria -- 3 of 23 -- Part 1—Preliminary Land (Revocation of Reservations) Act 2012 No. 24 of 2012 2 Authorised by the Chief Parliamentary Counsel (b) to revoke the permanent reservation of land at the former Fitzroy Gasworks site; (c) to revoke the permanent reservation of part of the land occupied by the Toolangi Potato Research Farm and to provide that that land is taken to be reserved forest; (d) to revoke the permanent reservation of certain land at Werribee; (e) to revoke the permanent reservation of certain land no longer required by the Inglewood Hospital; (f) to revoke the permanent reservation of certain land at Barwon Heads; (g) to revoke the permanent reservation and related Crown grant of land occupied by the South Melbourne Temperance Hall. 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 January 2013, it comes into operation on that day. __________________ s. 2 -- 4 of 23 -- Part 2—St Kilda Land Land (Revocation of Reservations) Act 2012 No. 24 of 2012 3 Authorised by the Chief Parliamentary Counsel PART 2—ST KILDA LAND 3 Revocation of reservation and Crown grant— St Kilda land (1) The Order in Council specified in item 1 of Schedule 1 is revoked. (2) Crown Grant Volume 3746 Folio 015 is revoked. 4 Consequences of revocation—St Kilda land On the revocation by this Part of the Order in Council specified in item 1 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) 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 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 St Kilda land On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1, the land shown hatched on the plan in Schedule 2 is taken to be temporarily reserved for municipal purposes under section 4(1) of the Crown Land (Reserves) Act 1978. s. 3 -- 5 of 23 -- Part 2—St Kilda Land Land (Revocation of Reservations) Act 2012 No. 24 of 2012 4 Authorised by the Chief Parliamentary Counsel 6 City of Port Phillip is committee of management On the commencement of this Part, the City of Port Phillip is taken to be the committee of management of the land shown hatched on the plan in Schedule 2 under the Crown Land (Reserves) Act 1978. __________________ s. 6 -- 6 of 23 -- Part 3—Former Fitzroy Gasworks Land (Revocation of Reservations) Act 2012 No. 24 of 2012 5 Authorised by the Chief Parliamentary Counsel PART 3—FORMER FITZROY GASWORKS 7 Revocation of reservation—Former Fitzroy Gasworks The reservation of the land described in item 2 of Schedule 1 is revoked. 8 Consequences of revocation—Former Fitzroy Gasworks On the revocation by this Part of the reservation of the land specified in item 2 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) 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 the appointment 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 leases and licences while land remains Crown land (1) Despite the commencement of section 8, any lease or licence granted under section 54P of the Financial Management Act 1994 over the land described in item 2 of Schedule 1 existing immediately before the commencement of this Act is taken to continue in force on and after that commencement. s. 7 -- 7 of 23 -- Part 3—Former Fitzroy Gasworks Land (Revocation of Reservations) Act 2012 No. 24 of 2012 6 Authorised by the Chief Parliamentary Counsel (2) Subsection (1) does not apply if the land ceases to be Crown land. __________________ s. 9 -- 8 of 23 -- Part 4—Toolangi Potato Research Farm Land (Revocation of Reservations) Act 2012 No. 24 of 2012 7 Authorised by the Chief Parliamentary Counsel PART 4—TOOLANGI POTATO RESEARCH FARM 10 Revocation of reservation—Toolangi Potato Research Farm The Order in Council specified in item 3 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-069. 11 Consequences of revocation—Toolangi Potato Research Farm On the revocation by this Part of the Order in Council specified in item 3 of Schedule 1 to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-069— (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) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. 12 Certain land taken to be reserved forest On the revocation by this Part of the Order in Council specified in item 3 of Schedule 1 reserving land to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered s. 10 -- 9 of 23 -- Part 4—Toolangi Potato Research Farm Land (Revocation of Reservations) Act 2012 No. 24 of 2012 8 Authorised by the Chief Parliamentary Counsel LEGL./11-069, that land is taken to be reserved forest under section 42 of the Forests Act 1958. __________________ s. 12 -- 10 of 23 -- Part 5—Sneydes Road, Werribee Land (Revocation of Reservations) Act 2012 No. 24 of 2012 9 Authorised by the Chief Parliamentary Counsel PART 5—SNEYDES ROAD, WERRIBEE 13 Revocation of reservation—Sneydes Road, Werribee The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-023. 14 Consequences of revocation—Sneydes Road, Werribee 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 shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-023— (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) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. __________________ s. 13 -- 11 of 23 -- Part 6—Inglewood Hospital Reserve Land (Revocation of Reservations) Act 2012 No. 24 of 2012 10 Authorised by the Chief Parliamentary Counsel PART 6—INGLEWOOD HOSPITAL RESERVE 15 Revocation of reservation—Inglewood Hospital Reserve The Order in Council specified in item 5 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 3. 16 Consequences of revocation—Inglewood Hospital Reserve 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 shown hatched on the plan in Schedule 3— (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) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. __________________ s. 15 -- 12 of 23 -- Part 7—Barwon Heads Land Land (Revocation of Reservations) Act 2012 No. 24 of 2012 11 Authorised by the Chief Parliamentary Counsel PART 7—BARWON HEADS LAND 17 Revocation of reservation—Barwon Heads land The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 4. 18 Consequences of revocation—Barwon Heads 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 shown hatched on the plan in Schedule 4— (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, other than a temporary reservation of the land shown as hatched on the plan in Schedule 4 and identified as "B"; 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) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. __________________ s. 17 -- 13 of 23 -- Part 8—South Melbourne Temperance Hall Land (Revocation of Reservations) Act 2012 No. 24 of 2012 12 Authorised by the Chief Parliamentary Counsel PART 8—SOUTH MELBOURNE TEMPERANCE HALL 19 Revocation of reservation and Crown grant—South Melbourne Temperance Hall (1) The Order in Council specified in item 7 of Schedule 1 is revoked. (2) The Crown grant the particulars of which are set out in item 7 of Schedule 1 is revoked. 20 Consequences of revocation—South Melbourne Temperance Hall On the revocation by this Part of the Order in Council specified in item 7 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) 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 the appointment 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. __________________ s. 19 -- 14 of 23 -- Part 9—General Land (Revocation of Reservations) Act 2012 No. 24 of 2012 13 Authorised by the Chief Parliamentary Counsel PART 9—GENERAL 21 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. __________________ s. 21 -- 15 of 23 -- Land (Revocation of Reservations) Act 2012 No. 24 of 2012 14 Authorised by the Chief Parliamentary Counsel SCHEDULES SCHEDULE 1 LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED Item 1—St Kilda Land Situation and area of land: Parish of Prahran, County of Bourke, 1475 square metres, being Crown Allotment 135B at St Kilda. Instrument and date of reservation: Order in Council dated 23 April 1912, published in the Government Gazette dated 1 May 1912, page 1772. Description of land by reference to Government Gazette: Government Gazette dated 13 March 1912, pages 1145–1146. Particulars of Crown Grant: Crown Grant Volume 3746 Folio 015. Purpose of reservation: Site for a Town Hall, Court House, and Offices. Extent of revocation: The entire reserve. Item 2—Former Fitzroy Gasworks Situation and area of land: Parish of Jika Jika, County of Bourke, 1.214 hectares, being Crown Allotment A6 at North Fitzroy. Notice of reservation: Government Gazette dated 4 March 1862, page 408. Description of land by reference to Government Gazette: Government Gazette dated 4 March 1862, page 408. Purpose of reservation: Site reserved for the purposes of the Crown grant to the Collingwood, Fitzroy and District Gas and Coke Company. Extent of revocation: The entire reserve. Sch. 1 -- 16 of 23 -- Land (Revocation of Reservations) Act 2012 No. 24 of 2012 15 Authorised by the Chief Parliamentary Counsel Item 3—Toolangi Potato Research Farm Situation and area of land: Parish of Tarrawarra North, 43·8 hectares, being the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-069. Instrument and date of reservation: Order in Council dated 29 May 1990, published in the Government Gazette dated 6 June 1990, page 1737. Description of land by reference to Government Gazette: Government Gazette dated 6 June 1990, page 1737. Purpose of reservation: Site for Agricultural Research Purposes. Extent of revocation: The land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-069. Item 4—Sneydes Road, Werribee Situation and area of land: Parish of Deutgam, County of Bourke, 2.7 hectares, being the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-023. Instrument and date of reservation: Order in Council dated 6 July 1927, published in the Government Gazette dated 13 July 1927, page 2142. Description of land by reference to Government Gazette: Government Gazette dated 8 June 1927, pages 1883–1884. Purpose of reservation: Site for a State Research Farm (Agricultural) purposes. Sch. 1 -- 17 of 23 -- Land (Revocation of Reservations) Act 2012 No. 24 of 2012 16 Authorised by the Chief Parliamentary Counsel Extent of revocation: The land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-023. Item 5—Inglewood Hospital Reserve Situation and area of land: Parish of Inglewood, County of Gladstone, 1333 square metres, being the land shown hatched on the plan in Schedule 3. Instrument and date of reservation: Order in Council dated 1 August 1870, published in the Government Gazette dated 5 August 1870, page 1143. Description of land by reference to Government Gazette: Government Gazette dated 5 August 1870, page 1143. Purpose of reservation: Site for Hospital purposes. Extent of revocation: The land shown hatched on the plan in Schedule 3. Item 6—Barwon Heads Land Situation and area of land: Parish of Conewarre, Township of Barwon Heads, 1041 square metres, being the land shown hatched on the plan in Schedule 4. Instrument and date of reservation: Order in Council dated 30 August 1904, published in the Government Gazette dated 7 September 1904, page 2891. Description of land by reference to Government Gazette: Government Gazette dated 20 July 1904, page 2273. Purpose of reservation: Site for a Public Park. Extent of revocation: The land shown hatched on the plan in Schedule 4. Sch. 1 -- 18 of 23 -- Land (Revocation of Reservations) Act 2012 No. 24 of 2012 17 Authorised by the Chief Parliamentary Counsel Item 7—South Melbourne Temperance Hall Situation and area of land: Parish of Melbourne South, County of Bourke, 584 square metres, being Crown Allotment 1D, Section 34. Instrument and date of reservation: Order in Council dated 19 March 1860. Description of land by reference to Government Gazette: Government Gazette dated 11 April 1860, page 651. Particulars of Crown Grant: A Deed Poll or Crown Grant dated 26 November 1861 and under the hand of the then Governor and the Seal of the said colony. Purpose of reservation: Site for a Temperance Hall. Extent of revocation: The entire reserve. __________________ Sch. 1 -- 19 of 23 -- Land (Revocation of Reservations) Act 2012 No. 24 of 2012 18 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 ST KILDA LAND __________________ Sch. 2 -- 20 of 23 -- Land (Revocation of Reservations) Act 2012 No. 24 of 2012 19 Authorised by the Chief Parliamentary Counsel SCHEDULE 3 INGLEWOOD HOSPITAL RESERVE __________________ Sch. 3 -- 21 of 23 -- Land (Revocation of Reservations) Act 2012 No. 24 of 2012 20 Authorised by the Chief Parliamentary Counsel SCHEDULE 4 BARWON HEADS LAND ═══════════════ Sch. 4 -- 22 of 23 -- Land (Revocation of Reservations) Act 2012 No. 24 of 2012 21 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 28 March 2012 Legislative Council: 19 April 2012 The long title for the Bill for this Act was "A Bill for an Act to revoke certain reservations of land and related Crown grants in relation to two of those parcels of land and for other purposes." Endnotes -- 23 of 23 --