City of Kew (Thornton-street) Act 1933 (Vic)

Version No. 001

City of Kew (Thornton-street) Act 1933

Act No. 4187/1933

Version as at 8 October 1999

TABLE OF PROVISIONS

Section  Page

1.Short title construction and citation

2.Powers of council of city of Kew as described in Second and Third Schedules

3.No right of access etc. over land described in Third Schedule

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SCHEDULES

SCHEDULE 1—Land comprising Thornton-street dedicated as a public highway under Act No. 2686 s. 537

SCHEDULE 2—Portion of the land described in the First Schedule laid out as a tree reserve

SCHEDULE 3—Portion of the land described in the Second Schedule

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

City of Kew (Thornton-street) Act 1933

Act No. 4187/1933

Version as at 8 October 1999

An Act relating to a Tree Reserve in a certain Street in the City of Kew.

Preamble

WHEREAS the land described in the First Schedule to this Act comprises a certain street fifty feet wide known as Thornton-street the formation of which was completed on the twenty-ninth day of April One thousand nine hundred and nineteen and which was dedicated to the public as a public highway under the provisions of section five hundred and thirty-seven of the Local Government Act 1915:

AND WHEREAS the land described in the Second Schedule to this Act, being land seventeen feet three inches wide comprising the eastern part of the hereinbefore recited street, is a portion of the land described in the said First Schedule and was laid out by the council of the city of Kew (hereinafter referred to as the "said council") as a tree reserve (hereinafter referred to as the "said reserve"):

AND WHEREAS the land described in the Third Schedule to this Act is land ten feet wide comprising the eastern portion of the land described in the said Second Schedule:

AND WHEREAS the portion of the hereinbefore recited street (including the footpath)[1] remaining available for traffic is reduced by the said reserve to less than forty-six feet and the said reserve is of a greater length than ten chains and doubts have arisen as to whether the said council was empowered to make the said reserve and as to whether the owners or occupiers of the lands abutting on the eastern side of the said reserve or the public or any person or body of persons whosoever or whatsoever have or has any right of access to ingress into or egress from the lands abutting as aforesaid from to over or across the said reserve:

AND WHEREAS it is expedient to provide that the said council should be deemed to have been empowered to make the said reserve and that the land described in the said Second Schedule should be deemed a tree reserve under section five hundred and fifty-three of the Local Government Act 1928 and the corresponding previous enactments and that the said reserve should be reduced in width so as to comprise only the land described in the said Third Schedule and that no right of access to ingress into or egress from the lands abutting as aforesaid from to over or across the land described in the said Third Schedule should be deemed to exist or to have existed in the owners or occupiers of the lands abutting as aforesaid or in the public or in any person or body of persons whomsoever or whatsoever:

BE IT THEREFORE ENACTED by the King'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):

1.Short title construction and citation

This Act may be cited as the City of Kew (Thornton-street) Act 1933 and shall be read and construed as one with the Local Government Act 1928 (hereinafter called the Principal Act) and any Act amending the same all of which Acts and this Act may be cited together as the Local Government Acts.

2.Powers of council of city of Kew as described in Second and Third Schedules

(1)Notwithstanding anything in section five hundred and fifty-three of the Principal Act or any corresponding previous enactment, the said council shall for all purposes be deemed to have been empowered to make the hereinbefore recited tree reserve upon the land described in the Second Schedule to this Act and the said land shall, subject to the provisions of the next succeeding sub-section, be and be deemed to have been a tree reserve under the provisions of the said section and shall be deemed to have been a tree reserve under the provisions of any corresponding previous enactment aforesaid.

(2)By virtue of and without any other authority or instrument than this Act the said reserve shall be reduced in width so as to comprise only the land described in the Third Schedule to this Act.

3.No right of access etc. over land described in Third Schedule

Notwithstanding anything in any Act or instrument or any law to the contrary, no right of access to ingress into or egress from the lands abutting on the eastern side of the hereinbefore recited tree reserve from to over or across the land described in the Third Schedule to this Act shall exist or be deemed to have existed in the owners or occupiers of the lands so abutting or in the public or in any person or body of persons whomsoever or whatsoever.

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SCHEDULES

FIRST SCHEDULE

LAND COMPRISING THORNTON-STREET DEDICATED AS A PUBLIC HIGHWAY UNDER ACT NO. 2686 S. 537

One acre twenty-three and one-tenth perches, parish of Boroondara, county of Bourke, city of Kew, being part of Crown portion 76:

Commencing at a point on the south side of Studley Park-road a distance of one hundred and sixty-six feet eleven inches from the west side of Howard-street; thence by a line bearing S. 0° 12' W. a distance of five hundred and six feet five inches; thence S. 0° 1' E. a distance of four hundred and ninety feet nine inches to the north side of Stevenson-street; thence S. 89° 55' W. along the north side of Stevenson-street a distance of fifty feet; thence N. 0° 1' W.

a distance of four hundred and ninety feet eleven inches; thence N. 0° 12' E.

a distance of five hundred and six feet one inch to the south side of Studley Park-road; thence N. 89° 44' E. along the south side of Studley Park-road a distance of fifty feet to the point of commencement.

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SECOND SCHEDULE

PORTION OF THE LAND DESCRIBED IN THE FIRST SCHEDULE LAID OUT AS A TREE RESERVE

One rood twenty-three and two-tenth perches, parish of Boroondara, county of Bourke, city of Kew, being part of Crown portion 76:

Commencing at a point on the south side of Studley Park-road a distance of one hundred and sixty-six feet eleven inches from the west side of Howard-street; thence by a line bearing S. 0° 12' W. a distance of five hundred and six feet five inches; thence S. 0° 1' E. a distance of four hundred and ninety feet nine inches to the north side of Stevenson-street; thence S. 89° 55' W. along the north side of Stevenson-street a distance of seventeen feet three inches; thence N. 0° 1' W. a distance of four hundred and ninety feet ten inches; thence N. 0° 12' E. a distance of five hundred and six feet three and one-half inches to the south side of Studley Park-road; thence N. 89° 44' E. along the south side of Studley Park-road a distance of seventeen feet three inches to the point of commencement.

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THIRD SCHEDULE

PORTION OF THE LAND DESCRIBED IN THE SECOND SCHEDULE

Thirty-six and six-tenths perches, parish of Boroondara, county of Bourke, city of Kew, being part of Crown portion 76:

Commencing at a point on the south side of Studley Park-road a distance of one hundred and sixty-six feet eleven inches from the west side of Howard-street; thence by a line bearing S. 0° 12' W. a distance of five hundred and six feet five inches; thence S. 0° 1' E. a distance of four hundred and ninety feet nine inches to the north side of Stevenson-street; thence S. 89° 55' W. along the north side of Stevenson-street a distance of ten feet; thence N. 0° 1' W.

a distance of four hundred and ninety feet nine and a half inches; thence

N. 0° 12' E. a distance of five hundred and six feet four inches to the south side of Studley Park-road; thence N. 89° 44' E. along the south side of Studley Park-road a distance of ten feet to the point of commencement.

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ENDNOTES

1.     General Information

The City of Kew (Thornton-street) Act 1933 was assented to on 29 December 1933 and came into operation on 29 December 1933.

2.     Table of Amendments

There are no amendments made to the City of Kew (Thornton-street) Act 1933 by Acts and subordinate instruments.

3.     Explanatory Details

[1] Preamble: See No. 3720 s. 553.