Eltham Land Act 1975 (Vic)

Version No. 001

Eltham Land Act 1975

Act No. 8735/1975

Version incorporating amendments as at 7 August 2000

table of provisions

Section  Page

1.Short title and commencement

2.Definitions

3.Power to lease certain land

4.No compensation payable by Crown

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SCHEDULE—Land in the Township of Eltham which may be
leased by the corporation

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Eltham Land Act 1975

Act No. 8735/1975

Version incorporating amendments as at 7 August 2000

An Act relating to certain Crown land in the Township of Eltham.

Preamble

WHEREAS an Order in Council of the 29th day of June, 1965[1] permanently reserved certain Crown land in the township of Eltham now known as Eltham Lower Park (hereinafter called "the reserve") as a site for public recreation:

AND WHEREAS pursuant to section 221 of the Land Act 1958 the corporation of the Shire of Eltham was on the 22nd day of April, 1970[2] appointed the committee of management of the reserve:

AND WHEREAS the land delineated and shown hatched on the plan in the Schedule (hereinafter called "the railway land") is part of the reserve upon which certain engine sheds, station buildings, platforms and associated amenities of a miniature railway stand:

AND WHEREAS the railway land is used for the carriage of passengers on the miniature railway:

AND WHEREAS it is expedient to authorize the corporation as committee of management to grant leases of the whole or any part of the railway land and to make other provision 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):

1.Short title and commencement

(1)This Act may be cited as the Eltham Land Act 1975.

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

2.Definitions

In this Act—

"corporation" means the corporation of the Shire of Eltham;

"the reserve" means the lands referred to in the hereinbefore recited Order in Council of the 29th day of June, 1965.

3.Power to lease certain land

(1)Notwithstanding anything to the contrary in any Act, the corporation as committee of management of the reserve may from time to time grant leases of the whole or any part of the land delineated and shown hatched on the plan in the Schedule for the purpose of operating a miniature railway and amenities connected therewith.

(2)A lease granted under this section—

(a)shall be subject to such covenants conditions exceptions and reservations as the corporation thinks fit;

(b)shall be for a term not exceeding 21 years; and

(c)shall be subject to approval by the Governor in Council.

(3)The moneys received by way of rent under any lease granted under this section shall be applied by the corporation towards the maintenance and improvement of any part of the reserve not leased under this section or for any other purpose approved by the Minister.

4.No compensation payable by Crown

No compensation shall be payable by the Crown in respect of any act matter or thing done under or arising out of this Act.

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SCHEDULE

Land in the Township of Eltham which may be leased by the corporation

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ENDNOTES

1.     General Information

The Eltham Land Act 1975 was assented to on 21 October 1975 and came into operation on 21 October 1975: section 1(2).

2.     Table of Amendments

This Version incorporates amendments made to the Eltham Land Act 1975 by Acts and subordinate instruments.

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Eltham Land (Amendment) Act 1983, No. 9987/1983

Assent Date:	6.12.83
Commencement Date:	6.12.83: s. 1(3)
Current State:	All of Act in operation

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3.     Explanatory Details

[1] Preamble: Government Gazette 7 July 1965 page 2186.

[2] Preamble: Government Gazette 6 May 1970 page 1253.