Land (St Kilda Triangle) Act 2006

i Land (St Kilda Triangle) Act 2006 Act No. 19/2006 TABLE OF PROVISIONS Section Page 1. Purposes 2 2. Commencement 2 3. Definitions 2 4. Revocation of permanent reservation and Crown Grant 3 5. Revocation of temporary reservation 3 6. Closure of Lower Esplanade as a road 4 7. Reservation of St Kilda triangle land for public purposes 4 8. Revocation and re-reservation of St Kilda land for overpass 4 9. Reservation of other St Kilda land for public purposes 7 10. Temporary reservation may be amended or revoked 7 11. Application of other laws 7 12. Powers to lease St Kilda triangle land 7 13. Registrar of Titles to make necessary amendments 9 __________________ SCHEDULES 10 SCHEDULE 1—Land in Respect of which Reservations are Revoked 10 SCHEDULE 2—Plan of Land—Lower Esplanade 11 SCHEDULE 3—Plan of Land—St Kilda Triangle 12 SCHEDULE 4—Land in Respect of which Reservation is Partly Revoked 13 SCHEDULE 5—Plan of Land—St Kilda Esplanade 14 ═══════════════ ENDNOTES 15 -- 1 of 16 -- 1 Land (St Kilda Triangle) Act 2006 † [Assented to 9 May 2006] Preamble Further development is being proposed for certain land near the St Kilda foreshore. In order for the development to proceed it is necessary for that land, which consists of reserved land and other Crown land, to be reserved for public purposes and for the land to be capable of being leased for longer periods than those set out in the Crown Land (Reserves) Act 1978. It is also proposed that the Port Phillip City Council be the committee of management of the reserved land. The Parliament of Victoria therefore enacts as follows: Victoria No. 19 of 2006 -- 2 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 2 1. Purposes The main purposes of this Act are— (a) to revoke the reservations of certain land at St Kilda; and (b) to re-reserve that land and to reserve other land at St Kilda for public purposes; and (c) to provide for the Port Phillip City Council to be the committee of management of the reserved land; and (d) to provide powers to lease part of the reserved land. 2. Commencement (1) 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 July 2007, it comes into operation on that day. 3. Definitions In this Act— "stratum" means a part of land consisting of a space of any shape above or below or partly above and partly below the surface of the land, all the dimensions of which are limited; "the St Kilda triangle land" means— (a) the land temporarily reserved for public purposes under section 7; and (b) the land temporarily reserved for public purposes under section 8. s. 1 -- 3 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 3 4. Revocation of permanent reservation and Crown Grant (1) The Order in Council specified in item 1 of Schedule 1 is revoked. (2) Crown Grant Volume 2242 Folio 244 is revoked. (3) On the revocation of the reservation of land under sub-section (1)— (a) the land is deemed 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 is revoked to the extent that it applies to the land; and (c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land. 5. Revocation of temporary reservation (1) The Order in Council specified in item 2 of Schedule 1 is revoked. (2) On the revocation of the reservation of land under sub-section (1)— (a) the land is deemed 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 applies to the land; and (c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land. s. 4 -- 4 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 4 6. Closure of Lower Esplanade as a road On the commencement of this section, the land shown hatched on the plan in Schedule 2— (a) ceases to be a road and all rights, easements and privileges existing or claimed in the land either in the public or by any body or 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 (b) is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. 7. Reservation of St Kilda triangle land for public purposes (1) The land shown hatched on the plan in Schedule 3 is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes. (2) The Port Phillip City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of the land. 8. Revocation and re-reservation of St Kilda land for overpass (1) The Minister on— (a) receiving a plan of survey of certain land signed by the Surveyor-General; and (b) being satisfied that the land described on the plan of survey forms part of one of the 2 areas of land shown cross-hatched on the plan in Schedule 3— may recommend to the Governor in Council that— s. 6 -- 5 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 5 (c) if any part of the land shown on the plan of survey forms part of the foreshore land, the reservation of the foreshore land be revoked as to that part; and (d) if any part of the land shown in the plan of survey is or is being used as a road, that part of the land shown in the plan of survey cease to be a road; and (e) the land shown on the plan of survey be reserved for public purposes. (2) On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette— (a) revoke the Order in Council specified in Schedule 4 to the extent that it applies to any part of the land shown on the plan of survey; and (b) reserve the land on the plan of survey for public purposes. (3) On publication of the Order under sub-section (2) in the Government Gazette— (a) any part of the land shown on the plan of survey that forms part of the foreshore land is deemed 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 foreshore land is revoked to the extent that it applies to the part of the foreshore land shown on the plan of survey; and s. 8 -- 6 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 6 (c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the part of the foreshore land shown on the plan of survey; and (d) if any part of the land shown on the plan of survey is or is being used as a road— (i) that part of the land ceases to be a road; and (ii) all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or 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 (e) the land shown on the plan of survey is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes; and (f) the Port Phillip City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of the land shown on the plan of survey. (4) In this section— "land" includes a stratum of land; "the foreshore land" means the land described in Schedule 4. s. 8 -- 7 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 7 9. Reservation of other St Kilda land for public purposes (1) The land shown hatched on the plan in Schedule 5 is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes. (2) The Port Phillip City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of the land. 10. Temporary reservation may be amended or revoked The reservation of land under section 7, 8 or 9 may be amended, revoked or otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978. 11. Application of other laws This Act applies despite anything to the contrary in section 10 of the Road Management Act 2004 or any other Act. 12. Powers to lease St Kilda triangle land (1) The committee of management of the St Kilda triangle land may grant a lease of that land for the purpose of the construction or use of buildings, works, facilities or public open space for retail, tourism, entertainment, commercial or cultural purposes. (2) The committee of management must not grant a lease under sub-section (1) unless the Minister has, in writing to the committee, approved the granting of the lease. s. 9 -- 8 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 8 (3) The Minister must not approve the granting of a lease under sub-section (1) unless the Minister has satisfied himself or herself that— (a) if the lease is granted before the buildings, works or facilities proposed for the land are built, the lease includes a covenant requiring the construction of buildings, works and facilities for retail, tourism, entertainment, commercial or cultural purposes and that the buildings, works or facilities are of such a substantial nature and value as to justify the term of the lease; and (b) if the lease includes a stratum of land— (i) each lessee for the time being under the lease can obtain reasonable access to the use of the land to be leased; and (ii) the granting of the lease will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and (iii) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and (iv) provision has been made (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land. s. 12 -- 9 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 9 (4) A lease granted under sub-section (1) must not be for an initial term of more than 50 years. (5) A lease granted under sub-section (1)— (a) may provide for the term of the lease to be extended one or more times, but— (i) each extension of the lease must not exceed 21 years; and (ii) the aggregate of the initial term and any extensions of the term must not exceed 99 years; and (b) may provide for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and (c) is subject to any covenants, exceptions, reservations and conditions that are determined by the committee of management and approved by the Minister. (6) This section has effect despite anything to the contrary in the Land Act 1958, the Crown Land (Reserves) Act 1978 or regulations made under the Crown Land (Reserves) Act 1978. 13. Registrar of Titles to make necessary amendments The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act. __________________ s. 13 -- 10 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 10 SCHEDULES SCHEDULE 1 Sections 4(1), 5(1) LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED Item 1 Situation and area of land: Borough of St Kilda, Parish of South Melbourne, County of Bourke, being 2 acres, 2 roods, more or less, being Crown Allotment 6A. Instrument and date of reservation: Order in Council dated 17 March 1885. Description of land by reference to Government Gazette: Government Gazettes dated 20 February 1885, page 636 and 20 March 1885, page 882. Crown grant details: Volume 2242 Folio 244. Purpose of reservation: Land for the convenience of the People. Extent of revocation: The entire reservation. Item 2 Situation and area of land: Parish of Melbourne South, County of Bourke, being 9713 square metres of land, less authorised excisions, being Crown Allotments 104A and 104B Instrument and date of reservation: Order in Council dated 14 August 1956. Description of land by reference to Government Gazette: Government Gazette dated 22 August 1956, page 4563. Purpose of reservation: Site for Public Recreation. Extent of revocation: The entire reservation. __________________ Sch. 1 -- 11 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 11 SCHEDULE 2 Section 6 PLAN OF LAND—LOWER ESPLANADE __________________ Sch. 2 -- 12 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 12 SCHEDULE 3 Sections 7(1), 8(1)(b) PLAN OF LAND—ST KILDA TRIANGLE __________________ Sch. 3 -- 13 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 13 SCHEDULE 4 Sections 8(2)(a), 8(4) LAND IN RESPECT OF WHICH RESERVATION IS PARTLY REVOKED Foreshore land Situation and area of land: City of St Kilda, Parish of South Melbourne, County of Bourke, being 19 acres, 2 roods, 20 perches, more or less, less authorised excisions, being Crown Allotment 102A. Instrument and date of reservation: Order in Council dated 5 June 1906. Description of land by reference to Government Gazette: Government Gazette dated 13 June 1906, page 2379. Purpose of reservation: Site for the Recreation, Convenience and Amusement of the People. Extent of revocation: That part of the land shown on the plan of survey and referred to in section 8(3)(a). __________________ Sch. 4 -- 14 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 14 SCHEDULE 5 Section 9(1) PLAN OF LAND—ST KILDA ESPLANADE ═══════════════ Sch. 5 -- 15 of 16 -- Act No. 19/2006 Land (St Kilda Triangle) Act 2006 15 ENDNOTES † Minister's second reading speech— Legislative Assembly: 8 February 2006 Legislative Council: 6 April 2006 The long title for the Bill for this Act was "to provide for the revocation of reservations over certain land at St Kilda and to re-reserve that land and reserve other land at St Kilda for public purposes, to provide for the Port Phillip City Council to be the committee of management of that land and to provide leasing powers over part of that land and for other purposes." Endnotes -- 16 of 16 --