Land (Miscellaneous Matters) Act 2005

i Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—ANGLICARE VICTORIA LAND 3 3. Revocation of reservations and Crown grant—Anglicare Victoria land 3 4. Consequences of revoking reservations 3 5. Preservation of lease between Anglicare and Bayside Health 3 PART 3—BERRY STREET CHILD AND FAMILY CARE CENTRE LAND 6 6. Revocation of reservation and Crown grant—Berry Street Child and Family Care Centre land 6 7. Consequences of revoking reservations 6 8. Re-reservation of part of Berry Street Child and Family Care Centre land 6 PART 4—AMENDMENT OF BALLARAT (SOVEREIGN HILL) LAND ACT 1970 7 9. Definition 7 10. New section 5CA inserted 7 5CA. Additional land for museum site land 7 11. Granting leases 8 12. New section 6A inserted 9 6A. Saving provision—Land (Miscellaneous Matters) Act 2005 9 13. Schedule 1 inserted 9 PART 5—GENERAL 11 14. Registrar of Titles to make necessary amendments 11 __________________ -- 1 of 17 -- Section Page ii SCHEDULES 12 SCHEDULE 1—Land in Respect of Which Reservations are Revoked 12 SCHEDULE 2—Plan of Part of Berry Street Land 14 ═══════════════ ENDNOTES 15 -- 2 of 17 -- 1 Land (Miscellaneous Matters) Act 2005 † [Assented to 20 September 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to revoke the reservations relating to various parcels of land and the Crown grants in relation to certain of those parcels and to re-reserve part of one of those parcels of land; and Victoria No. 59 of 2005 -- 3 of 17 -- Part 1—Preliminary Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 2 (b) to amend the Ballarat (Sovereign Hill) Land Act 1970 to provide for additional land to be included in the reserved land to which that Act applies. 2. Commencement (1) This Act, except Part 2, comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to sub-section (3), Part 2 comes into operation on a day to be proclaimed. (3) If Part 2 does not come into operation before 31 December 2006, it comes into operation on that day. __________________ s. 2 -- 4 of 17 -- Part 2—Anglicare Victoria Land Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 3 PART 2—ANGLICARE VICTORIA LAND 3. Revocation of reservations and Crown grant— Anglicare Victoria land (1) The Order in Council specified in item 1 of Schedule 1 is revoked. (2) Crown grant Volume 1502 Folio 372 is revoked. (3) The land specified in item 1 of Schedule 1 ceases to be subject to the reservation imposed by virtue of section 2 of the East Melbourne Land Act 1970 as in force immediately before its repeal. 4. Consequences of revoking reservations Subject to section 5, on the revocation of a reservation of land under this Part— (a) that 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 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. 5. Preservation of lease between Anglicare and Bayside Health (1) Nothing done by this Part affects the status or continuity of the relevant lease. s. 3 -- 5 of 17 -- Part 2—Anglicare Victoria Land Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 4 (2) On and from the commencement of this Part the relevant lease has effect— (a) as a lease between the Minister and the lessee for the time being under the lease, as if it had been assigned to the Minister; and (b) as if the lease referred to the Minister instead of to the lessor (however described). (3) The issue of a Crown grant of any land affected by the relevant lease existing immediately before that issue does not affect the status or continuity of that lease, and the lease has effect on and from that issue— (a) as a lease between the person to whom the Crown grant is made and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and (b) as if the lease referred to the person to whom the Crown grant is made instead of to the lessor (however described). (4) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land. (5) Nothing effected by this section— (a) is to be regarded as placing any person in a breach of or as constituting a default under any provision prohibiting, restricting or regulating the assignment of the relevant 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 any surety or other obligor wholly or in part from any obligation. s. 5 -- 6 of 17 -- Part 2—Anglicare Victoria Land Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 5 (6) In this section, "relevant lease" means the lease between Anglicare Victoria (ABN 97 397 067 466) and Bayside Health (ABN 27 318 956 319) which commenced on 20 October 2004 relating to part of the land specified in item 1 of Schedule 1. __________________ s. 5 -- 7 of 17 -- Part 3—Berry Street Child and Family Care Centre Land Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 6 PART 3—BERRY STREET CHILD AND FAMILY CARE CENTRE LAND 6. Revocation of reservation and Crown grant—Berry Street Child and Family Care Centre land (1) The Order in Council specified in item 2 of Schedule 1 is revoked. (2) Crown grant Volume 1351 Folio 183 is revoked. 7. Consequences of revoking reservations Subject to section 8, on the revocation of a reservation of land under this Part— (a) that 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 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. 8. Re-reservation of part of Berry Street Child and Family Care Centre land On the revocation of the reservation referred to in section 6, the part of that land shown hatched on the plan in Schedule 2 is deemed to be temporarily reserved for public purposes (child care) under section 4(1) of the Crown Land (Reserves) Act 1978. __________________ s. 6 -- 8 of 17 -- Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970 Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 7 PART 4—AMENDMENT OF BALLARAT (SOVEREIGN HILL) LAND ACT 1970 9. Definition In section 2 of the Ballarat (Sovereign Hill) Land Act 1970 insert the following definition— ' "museum site land" means— (a) the land deemed to be permanently reserved by section 5C; and (b) the land shown hatched on the plan in Schedule 1.'. 10. New section 5CA inserted After section 5C of the Ballarat (Sovereign Hill) Land Act 1970 insert— "5CA. Additional land for museum site land On the commencement of Part 4 of the Land (Miscellaneous Matters) Act 2005, the land shown hatched on the plan in Schedule 1— (a) 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 that land is revoked to the extent that it relates to that land; and See: Act No. 7955 and amending Act Nos 94/1995 and 44/2001. LawToday: www.dms. dpc.vic. gov.au s. 9 -- 9 of 17 -- Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970 Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 8 (c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and (d) if any part of that land is or is being used as a road, that part of the land ceases to be a road and all rights, easements and privileges existing or claimed in it, 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) that land— (i) is deemed to be permanently reserved for the purposes set out in section 5C; and (ii) forms part of the museum site land.". 11. Granting leases In section 6(1) of the Ballarat (Sovereign Hill) Land Act 1970— (a) for "the lands deemed to be permanently reserved by section 5C" substitute "the museum site land"; (b) for "such lands" substitute "such land". s. 11 -- 10 of 17 -- Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970 Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 9 12. New section 6A inserted After section 6 of the Ballarat (Sovereign Hill) Land Act 1970 insert— "6A. Saving provision—Land (Miscellaneous Matters) Act 2005 (1) A lease granted under section 6 existing immediately before the commencement of Part 4 of the Land (Miscellaneous Matters) Act 2005 has effect on and from that commencement as if the land shown hatched on the plan in Schedule 1 were included in the area of land which is subject to that lease. (2) Nothing effected by this section— (a) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease, 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.". 13. Schedule 1 inserted After section 7 of the Ballarat (Sovereign Hill) Land Act 1970 insert— s. 12 -- 11 of 17 -- Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970 Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 10 "SCHEDULES SCHEDULE 1 ADDITIONAL MUSEUM SITE LAND—TOWNSHIP OF BALLARAT EAST, PARISH OF BALLARAT, COUNTY OF GRANT (SOVEREIGN HILL) ". __________________ s. 13 -- 12 of 17 -- Part 5—General Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 11 PART 5—GENERAL 14. 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 any provision of this Act. __________________ s. 14 -- 13 of 17 -- Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 12 SCHEDULES SCHEDULE 1 LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED Item 1—Anglicare Victoria land Situation and area of land: Parish of North Melbourne, being Crown Allotments 8, 9, 10, 11, 12, 13 and 14 of section 19B at East Melbourne, being 1871⋅1 square metres. Instrument and date of reservation: 1. Order in Council dated 29 October 1883. 2. The East Melbourne Land Act 1970, section 2. Description of land by reference to Government Gazette: Government Gazettes 5 October 1883, page 2326 and 2 November 1883, page 2499. Crown grant details: Volume 1502 Folio 372. Purpose of reservation: 1. Site for Servants' Training Asylum. 2. Use for or in connexion with social welfare purposes. Extent of revocation: The entire reserve. Item 2—Berry Street Child and Family Care Centre land Situation and area of land: Parish of North Melbourne, being Crown Allotments 15, 16, 17, 18 and 19 of section 19B at East Melbourne, being 1479⋅6 square metres. Instrument and date of reservation: Order in Council dated 26 September 1881. Description of land by reference to Government Gazette: Government Gazettes dated 2 September 1881, page 2553 and 30 September 1881, page 2724. Crown grant details: Volume 1351 Folio 183. Sch. 1 -- 14 of 17 -- Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 13 Purpose of reservation: Site for Infant Asylum. Extent of revocation: The entire reserve. __________________ Sch. 1 -- 15 of 17 -- Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 14 SCHEDULE 2 PLAN OF PART OF BERRY STREET LAND ═══════════════ Sch. 2 -- 16 of 17 -- Land (Miscellaneous Matters) Act 2005 Act No. 59/2005 15 ENDNOTES † Minister's second reading speech— Legislative Assembly: 19 May 2005 Legislative Council: 8 September 2005 The long title for the Bill for this Act was "to provide for the revocation of a number of reservations in respect of various parcels of land, to provide for the revocation of Crown grants in relation to some of those parcels of land and the re-reservation of part of one of those parcels of land, to amend the Ballarat (Sovereign Hill) Land Act 1970 to provide for additional land to be included in the reserved land to which that Act applies and for other purposes." Endnotes -- 17 of 17 --