Collingwood (Victoria Park) Land Act 1990 (Vic)

Version No. 001

Collingwood (Victoria Park) Land Act 1990

Act No. 73/1990

Version as at 1 November 1999

TABLE OF PROVISIONS

Section  Page

1.Purpose

2.Commencement

3.Removal of covenant and trusts

4.Existing occupancy arrangements not breach of covenant or trusts

5.No compensation payable

6.Registrar of Titles must make necessary changes in records

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Collingwood (Victoria Park) Land Act 1990

Act No. 73/1990

Version as at 1 November 1999

Preamble

Land at Collingwood known as Victoria Park is affected by a covenant to the effect that the land must always be used for public resort and recreation and must not be sold to private individuals:

That land has for many years been used for the purposes of the Collingwood Football Club (now the Collingwood Football Club Limited):

The Council of the City of Collingwood (formerly the Mayor, Councillors and citizens of the City of Collingwood), as registered proprietor of that land, proposes to sell part of it to the Club and lease the rest to the Club on a long term basis:

To enable this to be done it is necessary to remove the covenant, and any trusts that may affect the land:

The Parliament of Victoria therefore enacts as follows:

1.Purpose

The purpose of this Act is to free the land known as Victoria Park from a covenant and any trust affecting it.

2.Commencement

This Act comes into operation on a day to be proclaimed being not later than 1 February 1991.

3.Removal of covenant and trusts

The land in certificate of title Volume 1320 Folio 908 is freed from—

(a)the covenant in instrument of transfer numbered 100797; and

(b)any trust which may affect the land—

and the registered proprietor of the land is discharged from any further liability under that covenant or those trusts.

4.Existing occupancy arrangements not breach of covenant or trusts

The following must be taken not to be nor ever to have been a breach of any covenant or trust affecting the land in certificate of title Volume 1320 Folio 908—

(a)the making by the Council of the City of Collingwood (formerly the Mayor, Councillors and citizens of the City of Collingwood) and the Collingwood Football Club (now the Collingwood Football Club Limited) of agreements dated 12 September 1949 and 23 July 1956;

(b)any exclusive occupation granted or other thing done according to the terms of those agreements.

5.No compensation payable

No compensation is payable by any person in respect of—

(a)the removal of any covenant or trust by section 3; or

(b)anything which, by section 4, must be taken not to be or to have been a breach of a covenant or trust.

6.Registrar of Titles must make necessary changes in records

(1)On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Act.

(2)If at the date of commencement of this Act section 7 of the Transfer of Land (Computer Register) Act 1989 is not in operation, then until that section comes into operation sub-section (1) of this section has effect as if it read as follows—

"(1)The Registrar of Titles must make any amendments to the Register Book and to any Crown grant, certificate of title, duplicate Crown grant, duplicate certificate of title or other instrument or duplicate instrument that are necessary because of the operation of this Act, and a person must, if requested to do so, produce any relevant instrument or document for that purpose.".

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ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Assembly: 1 November 1990

Legislative Council: 27 November 1990

The long title for the Bill for this Act was "A Bill to free land at Collingwood from a covenant and any trust affecting it and for other purposes.".

The Collingwood (Victoria Park) Land Act 1990 was assented to on 4 December 1990 and came into operation on 23 January 1991: Government Gazette 23 January 1991 page 124.

2.     Table of Amendments

There are no amendments made to the Collingwood (Victoria Park) Land Act 1990 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.