Melbourne and Olympic Parks Amendment Act 2007
Melbourne and Olympic Parks Amendment Act
2007
No. 62 of 2007
TABLE OF PROVISIONS
Section Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Purposes of the Principal Act 2
5 Amendment of definitions 2
6 Powers and functions 4
7 New section 6A inserted 4
6A Trust is committee of management under the Crown
Land (Reserves) Act 1978 for Gosch's Paddock 4
8 Further powers 4
9 New sections 7A and 7B inserted 6
7A Minister must approve carrying out of certain functions 6
7B Conflict of powers 7
10 New section 16G inserted 7
16G Reporting 7
11 Regulations 7
12 New Part 5A inserted 8
PART 5A—FURTHER NATIONAL TENNIS CENTRE
LAND 8
30A Flinders Park land 8
30B Closure of road 9
30C Reservation of land—former part of Flinders Park 10
30D Former VicTrack land 11
30E Throwing cages and adjacent land 12
30F Obligations of Registrar of Titles 13
13 New sections 31C and 31D inserted 14
31C Reserved Army Barracks land 14
31D Closure of road and reservation of Army Barracks land 15
14 New Part 6A inserted 17
PART 6A—GOSCH'S PADDOCK 17
32A Road closure—Gosch's Paddock 17
32B Gosch's Paddock 18
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Section Page
15 New section 34 inserted 20
34 Certain leases and licences not affected 20
16 New Parts 6 to 14 of the Schedule inserted 22
17 Statute law revision 31
18 Repeal of Act 31
═══════════════
ENDNOTES 32
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Victoria
Melbourne and Olympic Parks
Amendment Act 2007†
No. 62 of 2007
[Assented to 4 December 2007]
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Melbourne and Olympic Parks Act 1985 to
provide for—
(a) the revocation of reservations of certain
lands and the reservation of certain lands to
consolidate the land management
arrangements in the Melbourne and Olympic
Parks precinct; and
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(b) the permanent reservation of Gosch's
Paddock as a public park; and
(c) the management of Gosch's Paddock by the
Trust as a committee of management under
the Crown Land (Reserves) Act 1978.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Principal Act
In this Act, the Melbourne and Olympic Parks
Act 1985 is called the Principal Act.
See:
Act No.
10206.
Reprint No. 4
as at
25 January
2006
and
amending
Act No.
80/2006.
LawToday:
www.
legislation.
vic.gov.au
4 Purposes of the Principal Act
(1) In section 3(d) of the Principal Act, for "Olympic
Park." substitute "Olympic Park; and".
(2) After section 3(d) of the Principal Act insert—
"(e) to provide for the management of Gosch's
Paddock by the Trust as a committee of
management under the Crown Land
(Reserves) Act 1978.".
5 Amendment of definitions
(1) In section 4 of the Principal Act, insert the
following definitions—
"Central Plan Office means the Central Plan
Office of the Department of Sustainability
and Environment;
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Gosch's Paddock means the land reserved under
section 32B;".
(2) In section 4 of the Principal Act, for the definition
of national tennis centre land substitute—
"national tennis centre land means—
(a) the land excised under sections 23, 24
and 25; and
(b) the land reserved under sections 25A,
25B, 25C, 25D, 25E and 25F; and
(c) the land reserved under section 30A;
and
(d) the land reserved under section 30C;
and
(e) the land reserved under section 30D;
and
(f) the land reserved under section 30E;".
(3) In section 4 of the Principal Act, for the definition
of Olympic Park land substitute—
"Olympic Park land means—
(a) so much of the land that is described in
Part 5 of the Schedule as is shown in
the plan numbered LEGL./00–24
lodged in the Central Plan Office as—
(i) parcels A, B and C; and
(ii) a sport recreation and
entertainment reserve; and
(b) the land reserved under section 31C;
and
(c) the land reserved under section 31D;".
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6 Powers and functions
(1) After section 6(1)(f) of the Principal Act insert—
"(fa) to be the committee of management under
the Crown Land (Reserves) Act 1978 for
Gosch's Paddock; and".
(2) In section 6(1)(h) of the Principal Act, after
"under" insert "this Act or".
(3) In section 6(1A) of the Principal Act for "or
Olympic Park" substitute ", Olympic Park or
Gosch's Paddock".
7 New section 6A inserted
After section 6 of the Principal Act insert—
"6A Trust is committee of management under
the Crown Land (Reserves) Act 1978 for
Gosch's Paddock
On the publication of an Order under
section 32B, the Trust is deemed to be the
committee of management of Gosch's
Paddock appointed under the Crown Land
(Reserves) Act 1978.".
8 Further powers
(1) In section 7(b) of the Principal Act, after
"facilities" (where first occurring) insert
"(except Gosch's Paddock)".
(2) In section 7(e) of the Principal Act, after "the
Trust" (where twice occurring) insert "(except for
Gosch's Paddock)".
(3) At the foot of section 7(e) of the Principal Act
insert—
"Note
The Trust is a committee of management under the Crown
Land (Reserves) Act 1978 for Gosch's Paddock.".
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(4) In section 7(f) of the Principal Act for "enter into"
substitute "subject to paragraph (fa), enter into".
(5) After section 7(f) of the Principal Act insert—
"(fa) in the case of Gosch's Paddock, subject to
the Crown Land (Reserves) Act 1978 and
any regulations made under that Act, enter
into contracts, agreements or arrangements
for the carrying out of its functions in respect
of Gosch's Paddock;".
(6) At the end of section 7 of the Principal Act
insert—
"(2) Despite anything to the contrary in the
Crown Land (Reserves) Act 1978 or any
regulations made under that Act and subject
to subsection (3), the Trust may grant
licences for a period of not more than
21 years for the use of the whole or any part
of Gosch's Paddock for purposes that are not
substantially detrimental to the reservation of
Gosch's Paddock as a public park.
(3) The Trust must not grant a licence under
subsection (2) unless—
(a) the Minister has given his or her written
approval to the granting of the licence;
and
(b) the Minister administering the Crown
Land (Reserves) Act 1978 has given
approval in accordance with that Act as
if the licence were a licence granted
under that Act and the approval is in
force.
(4) The Trust may grant permits for the use of
the whole or any part of Gosch's Paddock for
purposes that are not detrimental to the
reservation of Gosch's Paddock as a public
park.
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(5) Despite anything to the contrary in the
Crown Land (Reserves) Act 1978 or any
regulations made under that Act, the Trust
must not enter into any lease under that Act
or any tenancy agreement under that Act in
respect of Gosch's Paddock.".
9 New sections 7A and 7B inserted
After section 7 of the Principal Act insert—
"7A Minister must approve carrying out of
certain functions
(1) Despite anything to the contrary in the
Crown Land (Reserves) Act 1978 or any
regulations made under that Act, the Trust
must not construct or carry out any works in
Gosch's Paddock without the written
approval of the Minister.
(2) The Minister must consult with the Minister
administering the Crown Land (Reserves)
Act 1978 before giving an approval under
subsection (1).
(3) In this section works does not include—
(a) tents, marquees, shelters and other
similar temporary structures; or
(b) non-commercial signage; or
(c) maintenance and repair of existing
structures; or
(d) horticultural works and plantings; or
(e) works required to maintain public
safety; or
(f) any other minor works.
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7B Conflict of powers
In respect of the management of Gosch's
Paddock, subject to sections 7 and 7A, to the
extent that there is any inconsistency
between the powers and functions of the
Trust under this Act and the Crown Land
(Reserves) Act 1978 or any regulations
made under that Act, the Crown Land
(Reserves) Act 1978 prevails.".
10 New section 16G inserted
After section 16F of the Principal Act insert—
"16G Reporting
In its report of operations for a financial year
under Part 7 of the Financial Management
Act 1994 the Trust must include information,
as required by the Minister, on its
performance in maintaining public access to
Gosch's Paddock during that financial year.".
11 Regulations
(1) In section 22(1) of the Principal Act—
(a) in paragraphs (a), (b) and (c), after
"the Trust" insert "(except Gosch's
Paddock)"; and
(b) in paragraph (d), after "works" insert
"(except in Gosch's Paddock)".
(2) At the foot of section 22 of the Principal Act
insert—
"Note
In relation to Gosch's Paddock, regulations may be made
under the Crown Land (Reserves) Act 1978.".
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12 New Part 5A inserted
After Part 5 of the Principal Act insert—
"PART 5A—FURTHER NATIONAL TENNIS
CENTRE LAND
30A Flinders Park land
(1) The Minister administering the Crown Land
(Reserves) Act 1978 on receiving a plan of
survey signed by the Surveyor-General of
the land shown hatched on the plan in Part 6
of the Schedule, or that land as nearly as
practicable, may recommend to the Governor
in Council that an Order be made under this
section.
(2) On the recommendation of the Minister
under subsection (1), the Governor in
Council, by Order published in the
Government Gazette, may reserve the land in
the plan of survey for public purposes, being,
in particular, the purposes of the national
tennis centre.
(3) On publication in the Government Gazette of
an Order under this section—
(a) the Order in Council dated 9 June 1873
published in the Government Gazette
dated 13 June 1873 at page 1058 is
revoked to the extent that it applies to
the land in the plan of survey; and
(b) Crown grant Volume 600 Folio 903 is
revoked to the extent that it applies to
the land in the plan of survey; and
(c) subject to paragraph (g), the land in the
plan of survey is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
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limitations, reservations, restrictions,
encumbrances, estates and interests;
and
(d) the Minister for Environment and
Climate Change and the Melbourne
City Council cease to be trustees of the
land in the plan of survey; and
(e) the appointment of any committee of
management of the land in the plan of
survey is revoked to the extent that it
relates to that land; and
(f) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to
the land in the plan of survey; and
(g) the land in the plan of survey is deemed
to be temporarily reserved under
section 4(1) of the Crown Land
(Reserves) Act 1978 for public
purposes, being, in particular, the
purposes of the national tennis centre.
30B Closure of road
(1) The Minister administering the Crown Land
(Reserves) Act 1978 on receiving a plan of
survey signed by the Surveyor-General of
the land shown hatched on the plan in Part 7
of the Schedule, or that land as nearly as
practicable, may recommend to the Governor
in Council that an Order be made under this
section.
(2) On the recommendation of the Minister
under subsection (1), the Governor in
Council, by Order published in the
Government Gazette, may close any road on
the land in the plan of survey.
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(3) On the publication in the Government
Gazette of an Order under this section—
(a) the land in the plan of survey ceases to
be subject to the declaration published
in Special Gazette No. 152 dated
15 October 1999 to the extent that the
declaration applies to that land; and
(b) any land in the plan of survey that is a
road ceases to be—
(i) a declared road within the
meaning of the Transport Act
1983; and
(ii) a road open to and for use by the
public for passage with vehicles;
and
(iii) a highway within the meaning of
the Road Safety Act 1986; and
(c) all rights, easements and privileges
existing or claimed in the land referred
to in paragraph (b) either in the public
or by any person as incident to any
express or implied grant, or past
dedication or supposed dedication or by
user or operation of law or otherwise,
cease.
(4) This section applies despite anything to the
contrary in section 93H of the Melbourne
City Link Act 1995.
30C Reservation of land—former part of
Flinders Park
(1) The Minister administering the Crown Land
(Reserves) Act 1978 on receiving a plan of
survey signed by the Surveyor-General of
the land shown hatched on the plan in Part 8
of the Schedule, or that land as nearly as
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practicable, may recommend to the Governor
in Council that an Order be made under this
section.
(2) On the recommendation of the Minister
under subsection (1), the Governor in
Council, by Order published in the
Government Gazette, may reserve the land in
the plan of survey for public purposes, being,
in particular, the purposes of the national
tennis centre.
(3) On publication in the Government Gazette of
an Order under this section, the land in the
plan of survey is deemed to be temporarily
reserved under section 4(1) of the Crown
Land (Reserves) Act 1978 for public
purposes, being, in particular, the purposes
of the national tennis centre.
(4) An Order under this section must not be
made before an Order is made under
section 30B.
30D Former VicTrack land
(1) The Minister administering the Crown Land
(Reserves) Act 1978 on receiving a plan of
survey signed by the Surveyor-General of
the land shown hatched on the plan in Part 9
of the Schedule, or that land as nearly as
practicable, may recommend to the Governor
in Council that an Order be made under this
section.
(2) On the recommendation of the Minister
under subsection (1), the Governor in
Council, by Order published in the
Government Gazette, may reserve the land in
the plan of survey for public purposes, being,
in particular, the purposes of the national
tennis centre.
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(3) On publication in the Government Gazette of
an Order under this section, the land in the
plan of survey is deemed to be temporarily
reserved under section 4(1) of the Crown
Land (Reserves) Act 1978 for public
purposes, being, in particular, the purposes
of the national tennis centre.
30E Throwing cages and adjacent land
(1) The Minister administering the Crown Land
(Reserves) Act 1978 on receiving a plan of
survey signed by the Surveyor-General of
the land shown hatched on the plan in
Part 10 of the Schedule, or that land as
nearly as practicable, may recommend to the
Governor in Council that an Order be made
under this section.
(2) On the recommendation of the Minister
under subsection (1), the Governor in
Council, by Order published in the
Government Gazette, may reserve the land in
the plan of survey for public purposes, being,
in particular, the purposes of the national
tennis centre.
(3) On publication in the Government Gazette of
an Order under this section—
(a) the Order in Council dated 9 June 1873
published in the Government Gazette
dated 13 June 1873 at page 1059 is
revoked to the extent that it applies to
the land in the plan of survey; and
(b) Crown grant Volume 600 Folio 902 is
revoked to the extent that it applies to
the land in the plan of survey; and
(c) the land in the plan of survey ceases to
be subject to the reservation referred to
in section 253C of the Transport Act
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1983 to the extent that the reservation
applies to that land; and
(d) subject to paragraph (h) and section 34,
the land in the plan of survey is deemed
to be unalienated land of the Crown,
freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests;
and
(e) the Minister for Environment and
Climate Change and the Melbourne
City Council cease to be trustees of the
land in the plan of survey; and
(f) the appointment of any committee of
management of the land in the plan of
survey is revoked to the extent that it
relates to that land; and
(g) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to
the land in the plan of survey; and
(h) the land in the plan of survey is deemed
to be temporarily reserved under
section 4(1) of the Crown Land
(Reserves) Act 1978 for public
purposes, being, in particular, the
purposes of the national tennis centre.
30F Obligations of Registrar of Titles
The Registrar of Titles must make any
amendments to the Register under the
Transfer of Land Act 1958 that are
necessary because of the operation of any
provision of this Part.
__________________".
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13 New sections 31C and 31D inserted
After section 31B of the Principal Act insert—
"31C Reserved Army Barracks land
(1) The Minister administering the Crown Land
(Reserves) Act 1978 on receiving a plan of
survey signed by the Surveyor-General of
the land shown hatched on the plan in
Part 11 of the Schedule, or that land as
nearly as practicable, may recommend to the
Governor in Council that an Order be made
under this section.
(2) On the recommendation of the Minister
under subsection (1), the Governor in
Council, by Order published in the
Government Gazette, may reserve the land in
the plan of survey to a depth of 10 metres
from the surface for the purposes of sport,
recreation and entertainment.
(3) On publication in the Government Gazette of
an Order under this section—
(a) the Order in Council dated 29 October
2002, published in Special Gazette
No. 194 dated 29 October 2002, page 1
is revoked to the extent that it applies to
the land in the plan of survey; and
(b) subject to paragraph (e) and subsection
(4), the land in the plan of survey to a
depth of 10 metres from the surface is
deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(c) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land; and
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(d) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to
that land; and
(e) the land in the plan of survey to a depth
of 10 metres from the surface is
deemed to be temporarily reserved
under section 4(1) of the Crown Land
(Reserves) Act 1978 for the purposes
of sport, recreation and entertainment.
(4) Nothing in this section affects the status or
continuity of any easement created under
section 339B of the Land Act 1958 and
existing over the land in the plan of survey
immediately before the publication in the
Government Gazette of the Order under this
section.
31D Closure of road and reservation of Army
Barracks land
(1) The Minister administering the Crown Land
(Reserves) Act 1978 on receiving a plan of
survey signed by the Surveyor-General of
the land shown hatched on the plan in
Part 12 of the Schedule, or that land as
nearly as practicable, may recommend to the
Governor in Council that an Order be made
under this section.
(2) On the recommendation of the Minister
under subsection (1), the Governor in
Council, by Order published in the
Government Gazette, may reserve the land in
the plan of survey to a depth of 10 metres
from the surface for the purposes of sport,
recreation and entertainment.
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(3) On publication in the Government Gazette of
an Order under this section—
(a) the land in the plan of survey ceases to
be subject to the declaration published
in Special Gazette No. 200 dated
21 December 2000 to the extent that the
declaration applies to that land; and
(b) any land in the plan of survey to a
depth of 10 metres from the surface that
is a road ceases to be—
(i) a declared road within the
meaning of the Transport Act
1983; and
(ii) a road open to and for use by the
public for passage with vehicles;
and
(iii) a highway within the meaning of
the Road Safety Act 1986; and
(c) subject to subsection (4), all rights,
easements and privileges existing or
claimed in the land referred to in
paragraph (b) either in the public or by
any person as incident to any express or
implied grant, or past dedication or
supposed dedication or by user or
operation of law or otherwise, cease;
and
(d) the land in the plan of survey to a depth
from the surface of 10 metres is
deemed to be temporarily reserved
under section 4(1) of the Crown Land
(Reserves) Act 1978 for the purposes
of sport, recreation and entertainment.
(4) Nothing in this section affects the status or
continuity of any easement created under
section 339B of the Land Act 1958 and
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s. 14
existing over the land in the plan of survey
immediately before the publication in the
Government Gazette of the Order under this
section.
(5) This section applies despite anything to the
contrary in section 61 of the Melbourne
City Link Act 1995.".
14 New Part 6A inserted
After Part 6 of the Principal Act insert—
"PART 6A—GOSCH'S PADDOCK
32A Road closure—Gosch's Paddock
(1) The Minister administering the Crown Land
(Reserves) Act 1978 on receiving a plan of
survey signed by the Surveyor-General of
the land shown hatched on the plan in
Part 13 of the Schedule, or that land as
nearly as practicable, may recommend to the
Governor in Council that an Order be made
under this section.
(2) On the recommendation of the Minister
under subsection (1), the Governor in
Council, by Order published in the
Government Gazette, may close any road on
the land in the plan of survey to a depth of
10 metres from the surface.
(3) On the publication in the Government
Gazette of an Order under this section—
(a) the land in the plan of survey to a depth
of 10 metres from the surface ceases to
be subject to the declaration published
in Special Gazette No. 200 dated
21 December 2000 to the extent that the
declaration applies to that land; and
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(b) any land in the plan of survey to a
depth of 10 metres from the surface that
is a road ceases to be—
(i) a declared road within the
meaning of the Transport Act
1983; and
(ii) a road open to and for use by the
public for passage with vehicles;
and
(iii) a highway within the meaning of
the Road Safety Act 1986; and
(c) subject to subsection (4), all rights,
easements and privileges existing or
claimed in the land referred to in
paragraph (b) either in the public or by
any person as incident to any express or
implied grant, or past dedication or
supposed dedication or by user or
operation of law or otherwise, cease.
(4) Nothing in this section affects the status or
continuity of any easement created under
section 339B of the Land Act 1958 and
existing over the land in the plan of survey
immediately before the publication in the
Government Gazette of the Order under this
section.
(5) This section applies despite anything to the
contrary in section 61 of the Melbourne
City Link Act 1995.
32B Gosch's Paddock
(1) The Minister administering the Crown Land
(Reserves) Act 1978 on receiving a plan of
survey signed by the Surveyor-General of
the land shown hatched and the land shown
cross-hatched on the plan in Part 14 of the
Schedule, or those lands as nearly as
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practicable, may recommend to the Governor
in Council that an Order be made under this
section.
(2) On the recommendation of the Minister
under subsection (1), the Governor in
Council, by Order published in the
Government Gazette, may reserve the land in
the plan of survey to a depth of 10 metres
from the surface for the purposes of a public
park.
(3) On publication in the Government Gazette of
an Order under this section—
(a) the Order in Council dated 9 June 1873
published in the Government Gazette
dated 13 June 1873 at page 1059 is
revoked to the extent that it applies to
the land in the plan of survey; and
(b) Crown grant Volume 600 Folio 902 is
revoked to the extent that it applies to
the land in the plan of survey; and
(c) subject to paragraph (g), subsection (4)
and section 34, the land in the plan of
survey to a depth of 10 metres from the
surface is deemed to be unalienated
land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests;
and
(d) the Minister for Environment and
Climate Change and the Melbourne
City Council cease to be trustees of any
land in the plan of survey; and
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(e) the appointment of any committee of
management is revoked to the extent
that it relates to the land in the plan of
survey; and
(f) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to
the land in the plan of survey; and
(g) the land in the plan of survey to a depth
from the surface of 10 metres is
deemed to be permanently reserved
under section 4(1) of the Crown Land
(Reserves) Act 1978 for the purposes
of a public park.
(4) Nothing in this section affects the status or
continuity of any easement created under
section 339B of the Land Act 1958 and
existing over the land in the plan of survey
immediately before the publication in the
Government Gazette of the Order under this
section.
(5) An Order under this section must not be
made before an Order is made under
section 32A.
__________________".
15 New section 34 inserted
After section 33 of the Principal Act insert—
"34 Certain leases and licences not affected
(1) Nothing in section 30E affects the status or
continuity of any lease or licence which is in
existence immediately before the date of
publication in the Government Gazette of an
Order under that section over any land to
which that Order applies.
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(2) Nothing in section 32B affects the status or
continuity of any lease or licence which is in
existence immediately before the date of
publication in the Government Gazette of an
Order under that section over any land to
which that Order applies.
(3) A lease or licence referred to in subsection
(1) or (2) has effect from the publication of
the relevant Order—
(a) as a lease or licence between the Trust
as lessor or licensor and the lessee or
licensee for the time being under the
lease or licence, as if it had been
assigned to the Trust; and
(b) as if it referred to the Trust instead of
the lessor or licensor.
(4) Nothing done by virtue of this section is to
be regarded as placing any person in breach
of, or as constituting a default under, any
provision of a lease or licence, including any
provision prohibiting, restricting or
regulating the assignment of the lease or
licence.
(5) In this section lease includes an agreement,
option to renew or other interest arising
under or in relation to a lease (whether or not
the lease has expired) and an interest in the
nature of a lease.".
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16 New Parts 6 to 14 of the Schedule inserted
In the Schedule to the Principal Act, after Part 5
insert—
"Part 6
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Part 7
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Part 8
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Part 9
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Part 10
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Part 11
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Part 12
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Part 13
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Part 14
".
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17 Statute law revision
(1) In section 7(e)(ii) of the Principal Act omit "for".
(2) In section 16D(1) of the Principal Act, for
"Secretary" substitute "Chief Executive Officer".
(3) In section 16E of the Principal Act, for
"Secretary" (where twice occurring) substitute
"Chief Executive Officer".
18 Repeal of Act
This Act is repealed on the first anniversary of its
commencement.
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Endnotes
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 11 October 2007
Legislative Council: 1 November 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the
Melbourne and Olympic Parks Act 1985 to provide for the revocation
of reservations of certain lands and the reservation of certain lands, to
provide for the permanent reservation of certain lands as a public park, to
provide for the management of certain lands and for other purposes."
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