Land (St. Kilda Sea Baths) Act 2000

i Land (St. Kilda Sea Baths) Act 2000 Act No. 61/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Application 2 5. Powers to lease car park land 2 6. Power to enter and use land despite reservation 3 7. Registrar of Titles to make necessary amendments 4 __________________ SCHEDULE—Details of reservation 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Land (St. Kilda Sea Baths) Act 2000† [Assented to 8 November 2000] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to provide for a power to lease land for the purposes of a car park at St. Kilda. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 61 of 2000 -- 2 of 7 -- Act No. 61/2000 Land (St. Kilda Sea Baths) Act 2000 2 3. Definitions In this Act— "car park land" means the land shown hatched on the lodged plan; "committee of management" means the committee of management appointed under the Crown Land (Reserves) Act 1978 in respect of any part of the car park land; "lodged plan" means the plan numbered LEGL./00–21 lodged in the Central Plan Office in the Department of Natural Resources and Environment. 4. Application This Act has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978, any regulations made under the Crown Land (Reserves) Act 1978, the Land Act 1958 or any other Act or law. 5. Powers to lease car park land (1) The committee of management may grant a lease of the car park land or part of that land for the purposes of the development, maintenance and operation of a car park. (2) The committee of management must not grant a lease under sub-section (1) unless the Minister administering the Crown Land (Reserves) Act 1978 has, in writing to the committee, approved the granting of the lease. (3) A lease granted under sub-section (1) may be for a term not exceeding 45 years. (4) A lease granted under sub-section (1)— s. 3 -- 3 of 7 -- Act No. 61/2000 Land (St. Kilda Sea Baths) Act 2000 3 (a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 45 years; and (b) may contain provision 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 in writing by the Minister. (5) If there is no committee of management, the Minister administering the Crown Land (Reserves) Act 1978 may grant a lease of the car park land in accordance with this section, subject to any covenants, exceptions, reservations and conditions that are determined by the Minister. 6. Power to enter and use land despite reservation (1) If a lease of the car park land is granted under this Act, the lessee, its servants or agents may enter and use the car park land for the purposes of— (a) carrying out the development of a car park on the car park land; and (b) carrying out the development of structures and works ancillary to the car park on the car park land; and (c) the alteration, repair, maintenance and removal of that car park or those structures and works; and (d) the operation of that car park— s. 6 -- 4 of 7 -- Act No. 61/2000 Land (St. Kilda Sea Baths) Act 2000 4 in accordance with that lease. (2) Sub-section (1) does not apply unless written consent to the entry or use has been obtained from— (a) the committee of management; or (b) if there is no committee of management, the Minister administering the Crown Land (Reserves) Act 1978. (3) This section applies despite anything to the contrary in the Orders in Council specified in items 1 and 2 of the Schedule and any other Order in Council under the Crown Land (Reserves) Act 1978 reserving any part of the car park land. 7. 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. 7 -- 5 of 7 -- Act No. 61/2000 Land (St. Kilda Sea Baths) Act 2000 5 SCHEDULE DETAILS OF RESERVATION Item 1—Sea Baths Complex land Situation and area of land: At St. Kilda, Parish of Melbourne South, County of Bourke, being 7.942 hectares, less authorised excisions. 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. Item 2—Sea Baths Complex land Situation and area of land: At St. Kilda, Parish of Melbourne South, County of Bourke, being 2328 square metres, being Allotment 102D. Instrument and date of reservation: Order in Council dated 13 July 1999. Description of land by reference to Government Gazette: Government Gazette dated 15 July 1999, page 1672. Purpose of reservation: Site for the Recreation, Convenience and Amusement of the People. ═══════════════ Sch. -- 6 of 7 -- Act No. 61/2000 Land (St. Kilda Sea Baths) Act 2000 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 31 August 2000 Legislative Council: 24 October 2000 The long title for the Bill for this Act was "to provide for power to lease land for the purposes of a car park at St. Kilda and for other purposes." Endnotes -- 7 of 7 --