Eastern Freeway Lands Act 1971 (Vic)
Version No. 001
Eastern Freeway Lands Act 1971
Act No. 8204/1971
Version as at 1 November 1999
table of provisions
Section Page
1.Short title
2.Definitions
3.Authority to enter certain lands
4.Minister may recommend lands be made available for highway
or river5.Power to Governor in Council to revoke in part certain Orders
in Council and Crown grant6.Notice of completion of works
7.Authority to Board to enter upon and to acquire certain lands
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SCHEDULE
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
Eastern Freeway Lands Act 1971
Act No. 8204/1971
Version as at 1 November 1999
An Act relating to certain Lands in the Cities of Northcote, Kew and Camberwell.
Preamble
WHEREAS certain Crown land, designated Yarra Bend Park, in the parishes of Boroondara and Jika Jika by Order in Council dated 26th March, 1935[1] was permanently reserved as a site for a public park and recreation and by Crown grant dated the same day and entered in the register book of the Office of Titles volume 6443 folium 407 was granted to trustees on trust for that purpose:
AND WHEREAS by Order in Council dated 13th March, 1956[2] certain Crown land in the parish of Jika Jika was temporarily reserved as a site for penal purposes:
AND WHEREAS by Order in Council dated 16th August, 1960[3] certain Crown land in the parish of Boroondara was temporarily reserved as a site for a guide dog centre:
AND WHEREAS the lands referred to in the Schedule are recreational lands within the meaning of the Cultural and Recreational Lands Act 1963 and it is necessary to provide expressly for the compulsory acquisition of such lands:
AND WHEREAS the Melbourne and Metropolitan Board of Works proposes to construct a metropolitan main highway to be known as the Eastern Freeway between Alexandra-parade in the City of Collingwood and Thompsons-road in the City of Camberwell and in connexion with the proposed construction to divert parts of the Yarra River:
AND WHEREAS pursuant to the Eastern Railway Construction Act 1971 the Railway Construction Board proposes to construct a railway a part of which will be constructed in association with the highway:
AND WHEREAS it is expedient—
(a)to authorize the Melbourne and Metropolitan Board of Works to enter upon and use portions of the said reserved Crown lands and of the land referred to in the Schedule for the purpose of constructing the highway and diverting the river; and
(b)to authorize the Railway Construction Board to enter upon and use portions of the said reserved Crown lands and of the land referred to in the Schedule for the purpose of constructing the railway:
AND WHEREAS it is expedient—
(a)to make provision for the revocation of the said Orders in Council and Crown grant so far as they respectively relate to the portions of the reserved Crown lands required for the highway the railway and the diversion of the river; and
(b)to authorize the acquisition of so much of the lands referred to in the Schedule as are required for the highway the railway and the diversion of the river:
AND WHEREAS pursuant to section 271 of the Melbourne and Metropolitan Board of Works Act 1958 the bed soil and banks of the Yarra River are vested in the Melbourne and Metropolitan Board of Works and it is expedient to provide that after the diversion as aforesaid the new course of the river shall be vested in, and the former course of the river divested from, the said Board of Works:
AND WHEREAS in relation to the land to be so divested from the Board of Works it is expedient to provide that the said Order in Council and Crown grant dated 26th March, 1935 shall be deemed to relate to so much of that land not required for the highway as is situated in Yarra Bend Park and that the balance of the land shall be deemed to be unalienated land of the Crown:
AND WHEREAS part of the common boundary between the cities of Kew and Northcote lies along the centre of those parts of the Yarra River which are to be diverted as aforesaid and it is expedient to provide that when the diversion has been completed the common boundary shall be along the centre of the new course of the river:
AND WHEREAS it is expedient to make other provision as hereinafter provided:
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):
1.Short title
This Act may be cited as the Eastern Freeway Lands Act 1971.
2.Definitions
In this Act—
"Board of Works" means the Melbourne and Metropolitan Board of Works;
"highway" means the metropolitan main highway, to be known as the Eastern Freeway, to be constructed by the Board of Works between Alexandra-parade in the City of Collingwood and Thompsons-road in the City of Camberwell;
"railway" means so much of the railway to be constructed by the Railway Construction Board pursuant to the Eastern Railway Construction Act 1971 as is to be constructed in association with the highway.
3.Authority to enter certain lands
Notwithstanding anything in the Land Act 1958 or in the abovementioned Orders in Council respectively dated 26th March, 1935, 13th March, 1956 and 16th August, 1960 or Crown grant dated 26th March, 1935 it shall be lawful—
(a)for the Board of Works its servants agents and workmen and all persons authorized by it so far as is necessary for or in connexion with the construction of the highway or the diversion of the Yarra River; and
(b)the Railway Construction Board its servants agents and workmen and all persons authorized by it so far as is necessary for or in connexion with the construction of the railway—
to enter into and upon and to use any portions of the lands reserved by the said Orders in Council or contained in the said Crown grant.
4.Minister may recommend lands be made available for highway or river
On submission to the Minister of a plan or plans of survey signed by the Surveyor-General showing the portions of the lands reserved by the said Orders in Council or contained in the said Crown grant on which the highway has been constructed or the Yarra River diverted or on which the railway has been or is to be constructed the Minister may recommend to the Governor in Council that the said lands, not exceeding in the case of Yarra Bend Park 36 acres, the guide dog centre reserve 3 roods and the penal purposes reserve 10 perches, be made available for those purposes.
5.Power to Governor in Council to revoke in part certain Orders in Council and Crown grant
(1)The Governor in Council may on receiving any such recommendation by proclamation published in the Government Gazette revoke and make null and void so far as they relate to any land referred to in the recommendation and defined in the proclamation—
(a)the Order in Council dated 26th March, 1935 permanently reserving certain land in the parishes of Boroondara and Jika Jika as a site for a public park and recreation and the Crown grant dated the same day and entered in the register book of the Office of Titles volume 6443 folium 407;
(b)the Order in Council dated 13th March, 1956 temporarily reserving certain land in the parish of Jika Jika as a site for penal purposes; and
(c)the Order in Council dated 16th August, 1960 temporarily reserving certain land in the parish of Boroondara as a site for a guide dog centre.
(2)On the day on which a proclamation as aforesaid is published in the Government Gazette—
(a)in addition to any revocation of the Orders in Council specified in sub-section (1), every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land defined in the proclamation shall also be revoked; and
(b)notwithstanding anything in any Act the land so defined shall be and be deemed to be unalienated land of the Crown freed and discharged from all trusts, encumbrances, reservations, limitations and restrictions whatsoever and from every estate or interest therein.
6.Notice of completion of works
(1)On completion of the works in connexion with the diversion of the Yarra River the Board of Works shall cause notice of such completion to be published in the Government Gazette.
(2)Upon publication of the notice—
(a)the former river course shall be divested from the Board of Works and the bed soil and banks of the new course of the river shall be deemed to be vested in the Board of Works pursuant to section 271 of the Melbourne and Metropolitan Board of Works Act 1958;
(b)the Order in Council dated 26th March, 1935 permanently reserving certain land as a site for a public park and recreation and the Crown grant dated the same day whereby the said land was granted to trustees on trust for that purpose and all regulations made in respect of that land shall be deemed and taken for all purposes to relate also to so much of the former river course not required for the highway as is situated in Yarra Bend Park;
(c)the balance of the former river course shall be deemed to be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein; and
(d)so much of the common boundary between the cities of Kew and Northcote as before the diversion lay along the centre of the former river course shall lie along the centre of the new course of the river.
(3)In this section "former river course" means the bed soil and banks that as the result of the diversion of the Yarra River under this Act cease to be part of the course of the river.
7.Authority to Board to enter upon and to acquire certain lands
(1)In accordance with an agreement between the Board of Works or the Railway Construction Board and the registered proprietors of the respective lands referred to in the Schedule or, in respect of any of those lands in relation to which agreement as aforesaid is not reached, with the authority of and in accordance with any directions given by the Minister for Local Government—
(a)the Board of Works its servants agents and workmen and all persons authorized by it so far as it is necessary for and in connexion with the construction of the highway or the diversion of the Yarra River; and
(b)the Railway Construction Board its servants agents and workmen and all persons authorized by it so far as it is necessary for and in connexion with the construction of the railway—
may enter into and upon and use any portion of the lands referred to in the Schedule.
(2)The Board of Works shall on completion of the highway and the diversion of the Yarra River acquire by agreement or compulsorily in accordance with the provisions of the Melbourne and Metropolitan Board of Works Act 1958, other than section 232, so much of the several lands referred to in the Schedule as is required for the highway the railway and the diversion of the river, but in no case shall the Board of Works acquire from any of those lands more than the maximum areas respectively specified in the Schedule in relation thereto.
(3)For the purposes of determining compensation in respect of any acquisition of land under sub-section (2) notice to treat for the purposes of the Valuation of Land Act 1960 shall be deemed to have been given on the date on which entry under sub-section (1) was made into and upon the land concerned.
(4)The Board of Works may, on such terms and conditions as are agreed upon with the Railway Construction Board, transfer to the Railway Construction Board so much of the land acquired by it under sub-section (2) as is required for the purposes of the railway.
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SCHEDULE
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ENDNOTES
1. General Information
The Eastern Freeway Lands Act 1971 was assented to on 7 December 1971 and came into operation on 7 December 1971.
2. Table of Amendments
There are no amendments made to the Eastern Freeway Lands Act 1971 by Acts and subordinate instruments.
3. Explanatory Details
[1] Preamble: Government Gazette 3 April 1935 page 1096.
[2] Preamble: Government Gazette 14 March 1956 page 1372.
[3] Preamble: Government Gazette 24 August 1960 page 2871.
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