Charlton (Land Exchange) Act 1980 (Vic)

Version No. 002

Charlton (Land Exchange) Act 1980

No. 9474 of 1980

Version as at

1 June 2019

table of provisions

Section  Page

1Short title and commencement

2Exchange of lands

3No compensation payable by Crown

4Certain lands may be used as an aircraft landing ground

5Certain works to be executed by Corporation of Shire of Charlton

Schedules

Schedule 1

Schedule 2

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Charlton (Land Exchange) Act 1980

No. 9474 of 1980

Version as at

1 June 2019

An Act to provide for the Exchange of certain Lands in the Parish of Charlton East, and for other purposes.

Preamble

WHEREAS Kevin John Thompson and Mary Margaret Thompson both of Charlton as executor and executrix of the will of Samuel John Thompson deceased are registered as the proprietors in fee simple of the land delineated and shown hatched on the plan in Schedule 1 and being part of the land described in Certificate of Title Volume 7729 Folio 134:

AND WHEREAS the land delineated and shown hatched on the plan in Schedule 2 is land of the Crown:

AND WHEREAS the Corporation of the Shire of Charlton wishes to use the land delineated and shown hatched on the plan in Schedule 1 as a landing ground for aircraft:

AND WHEREAS it is expedient that the land delineated and shown hatched on the plan in Schedule 1 be surrendered to Her Majesty and that in exchange therefor the land delineated and shown hatched on the plan in Schedule 2 be granted in fee simple to the said Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased and that an amount of $3697.00 be paid by the Corporation of the Shire of Charlton to the said Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased and that further provision be made as hereinafter enacted.

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Charlton (Land Exchange) Act 1980.

(2)This Act shall come into operation on the day on which it receives the Royal Assent.

2Exchange of lands

Upon the registration in the Office of Titles of a transfer and surrender to Her Majesty of the land delineated and shown hatched on the plan in Schedule 1 and on the payment by the Corporation of the Shire of Charlton of a consideration of $3697.00 to Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased—

(a)the said land shall be and be deemed to be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions whatsoever and from every estate or interest therein; and

(b)the land delineated and shown hatched on the plan in Schedule 2 may notwithstanding anything in the Land Act 1958 be granted to Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased in fee simple, subject to such covenants, conditions, exceptions and reservations as the Governor in Council thinks fit.

3No compensation payable by Crown

Except as provided in section 2 and in any agreement made pursuant to section 5, no compensation shall be payable by the Crown in respect of any act, matter or thing done under or arising out of this Act.

4Certain lands may be used as an aircraft landing ground

Upon the transfer and surrender to Her Majesty of the land delineated and shown hatched on the plan in Schedule 1, that land shall for the purposes of section 798 of the Local Government Act 1958 be deemed to be land acquired by the Corporation of the Shire of Charlton.

5Certain works to be executed by Corporation of Shire of Charlton

(1)The Corporation of the Shire of Charlton is hereby authorized and required to enter into an agreement with Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased, providing for—

(a)the fencing of the common boundaries between—

(i)the land delineated and shown hatched on the plan in Schedule 1; and

(ii)the land (other than the land mentioned in subparagraph (i)) described in Certificate of Title Volume 7729 Folio 134 (in this section called "the residual land");

(b)access to all parts of the residual land by means of a laneway 20 metres in width and gates;

(c)the excavation of a catchment dam on the residual land; and

(d)such other matters in relation to the residual land, the execution of the works mentioned in paragraphs (a), (b) and (c) and the transfer to Her Majesty of the land delineated and shown hatched on the plan in Schedule 1 as are agreed between the parties.

(2)The Corporation of the Shire of Charlton shall bear—

(a)the cost of the construction or installation of such works as are specified in any agreement entered into pursuant to subsection (1);

(b)the cost of the survey of the lands delineated and shown hatched on the plans in Schedule 1 and Schedule 2; and

(c)all legal costs incurred by or chargeable to the estate of the late Samuel John Thompson in connexion with the preparation of any agreement entered into pursuant to this section and the exchange of lands effected by this Act.

(3)The Corporation of the Shire of Charlton may pay any moneys required to be paid by it pursuant to this Act out of the Municipal Fund.

Schedules

Schedule 1

Land in the Parish of Charlton East shown hatched which may be transferred to Her Majesty, being part of the land described in Certificate of Title Volume 7729 Folio 134:

Schedule 2

Land in the Parish of Charlton East shown hatched which may be granted to Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased:

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Charlton (Land Exchange) Act 1980 was assented to on 23 December 1980 and came into operation on 23 December 1980: section 1(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Charlton (Land Exchange) Act 1980 by Acts and subordinate instruments.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.