Land (Miscellaneous Matters) Act 2005 (Vic)
Version No. 002
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
Version as at 21 October 2005
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Anglicare Victoria Land
3.Revocation of reservations and Crown grant—Anglicare
Victoria land4.Consequences of revoking reservations
5.Preservation of lease between Anglicare and Bayside Health
Part 3—Berry Street Child and Family Care Centre Land
6.Revocation of reservation and Crown grant—Berry Street
Child and Family Care Centre land7.Consequences of revoking reservations
8.Re-reservation of part of Berry Street Child and Family Care Centre land
Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970
9.Definition
10.New section 5CA inserted
5CA.Additional land for museum site land
11.Granting leases
12.New section 6A inserted
6A.Saving provision—Land (Miscellaneous Matters) Act 2005
13.Schedule 1 inserted
SCHEDULES
SCHEDULE 1—Additional Museum Site Land—
Township of Ballarat East, Parish of Ballarat, County of Grant (Sovereign Hill)
Part 5—General
14.Registrar of Titles to make necessary amendments
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SCHEDULES
SCHEDULE 1—Land in Respect of Which Reservations are Revoked
SCHEDULE 2—Plan of Part of Berry Street Land
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 002
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
Version as at 21 October 2005
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The main purposes of this Act are—
(a)to revoke the reservations relating to various parcels of land and the Crown grants in relation to certain of those parcels and to re‑reserve part of one of those parcels of land; and
(b)to amend the Ballarat (Sovereign Hill) Land Act 1970 to provide for additional land to be included in the reserved land to which that Act applies.
2.Commencement
(1)This Act, except Part 2, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to sub-section (3), Part 2 comes into operation on a day to be proclaimed.
(3)If Part 2 does not come into operation before 31 December 2006, it comes into operation on that day.
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Part 2—Anglicare Victoria Land
3.Revocation of reservations and Crown grant—Anglicare Victoria land
(1)The Order in Council specified in item 1 of Schedule 1 is revoked.
(2)Crown grant Volume 1502 Folio 372 is revoked.
(3)The land specified in item 1 of Schedule 1 ceases to be subject to the reservation imposed by virtue of section 2 of the East Melbourne Land Act 1970 as in force immediately before its repeal.
4.Consequences of revoking reservations
Subject to section 5, on the revocation of a reservation of land under this Part—
(a)that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(c)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
5.Preservation of lease between Anglicare and Bayside Health
(1)Nothing done by this Part affects the status or continuity of the relevant lease.
(2)On and from the commencement of this Part the relevant lease has effect—
(a)as a lease between the Minister and the lessee for the time being under the lease, as if it had been assigned to the Minister; and
(b)as if the lease referred to the Minister instead of to the lessor (however described).
(3)The issue of a Crown grant of any land affected by the relevant lease existing immediately before that issue does not affect the status or continuity of that lease, and the lease has effect on and from that issue—
(a)as a lease between the person to whom the Crown grant is made and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and
(b)as if the lease referred to the person to whom the Crown grant is made instead of to the lessor (however described).
(4)This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.
(5)Nothing effected by this section—
(a)is to be regarded as placing any person in a breach of or as constituting a default under any provision prohibiting, restricting or regulating the assignment of the relevant lease; or
(b)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or
(c)releases any surety or other obligor wholly or in part from any obligation.
(6)In this section, "relevant lease" means the lease between Anglicare Victoria (ABN 97 397 067 466) and Bayside Health (ABN 27 318 956 319) which commenced on 20 October 2004 relating to part of the land specified in item 1 of Schedule 1.
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Part 3—Berry Street Child and Family Care Centre Land
6.Revocation of reservation and Crown grant—Berry Street Child and Family Care Centre land
(1)The Order in Council specified in item 2 of Schedule 1 is revoked.
(2)Crown grant Volume 1351 Folio 183 is revoked.
7.Consequences of revoking reservations
Subject to section 8, on the revocation of a reservation of land under this Part—
(a)that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(c)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
8.Re-reservation of part of Berry Street Child and Family Care Centre land
On the revocation of the reservation referred to in section 6, the part of that land shown hatched on the plan in Schedule 2 is deemed to be temporarily reserved for public purposes (child care) under section 4(1) of the Crown Land (Reserves) Act 1978.
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Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970
9.Definition
In section 2 of the Ballarat (Sovereign Hill) Land Act 1970 insert the following definition—
' "museum site land" means—
(a)the land deemed to be permanently reserved by section 5C; and
(b)the land shown hatched on the plan in Schedule 1.'.
10.New section 5CA inserted
After section 5C of the Ballarat (Sovereign Hill) Land Act 1970 insert—
"5CA.Additional land for museum site land
On the commencement of Part 4 of the Land (Miscellaneous Matters) Act 2005, the land shown hatched on the plan in Schedule 1—
(a)is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(c)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and
(d)if any part of that land is or is being used as a road, that part of the land ceases to be a road and all rights, easements and privileges existing or claimed in it, either in the public or by any body or person as incident to any express or implied grant or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and
(e)that land—
(i)is deemed to be permanently reserved for the purposes set out in section 5C; and
(ii)forms part of the museum site land.".
11.Granting leases
In section 6(1) of the Ballarat (Sovereign Hill) Land Act 1970—
(a)for "the lands deemed to be permanently reserved by section 5C" substitute "the museum site land";
(b)for "such lands" substitute "such land".
12.New section 6A inserted
After section 6 of the Ballarat (Sovereign Hill) Land Act 1970 insert—
"6A.Saving provision—Land (Miscellaneous Matters) Act 2005
(1)A lease granted under section 6 existing immediately before the commencement of Part 4 of the Land (Miscellaneous Matters) Act 2005 has effect on and from that commencement as if the land shown hatched on the plan in Schedule 1 were included in the area of land which is subject to that lease.
(2)Nothing effected by this section—
(a)is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease; or
(b)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation.".
13.Schedule 1 inserted
After section 7 of the Ballarat (Sovereign Hill) Land Act 1970 insert—
"SCHEDULES
SCHEDULE 1
Additional Museum Site Land—Township of Ballarat East, Parish of Ballarat, County of Grant (Sovereign Hill)
".
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Part 5—General
14.Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.
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SCHEDULES
SCHEDULE 1
Land in Respect of Which Reservations are Revoked
Item 1—Anglicare Victoria land
| Situation and area of land: | Parish of North Melbourne, being Crown Allotments 8, 9, 10, 11, 12, 13 and 14 of section 19B at East Melbourne, being 1871×1 square metres. |
| Instrument and date of reservation: | 1. Order in Council dated 29 October 1883. 2. The East Melbourne Land Act 1970, section 2. |
| Description of land by reference to Government Gazette: | Government Gazettes 5 October 1883, page 2326 and 2 November 1883, page 2499. |
| Crown grant details: | Volume 1502 Folio 372. |
| Purpose of reservation: | 1. Site for Servants' Training Asylum. 2. Use for or in connexion with social welfare purposes. |
| Extent of revocation: | The entire reserve. |
Item 2—Berry Street Child and Family Care Centre land
| Situation and area of land: | Parish of North Melbourne, being Crown Allotments 15, 16, 17, 18 and 19 of section 19B at East Melbourne, being 1479×6 square metres. |
| Instrument and date of reservation: | Order in Council dated 26 September 1881. |
| Description of land by reference to Government Gazette: | Government Gazettes dated 2 September 1881, page 2553 and 30 September 1881, page 2724. |
| Crown grant details: | Volume 1351 Folio 183. |
| Purpose of reservation: | Site for Infant Asylum. |
| Extent of revocation: | The entire reserve. |
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SCHEDULE 2
Plan of Part of Berry Street Land
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ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 19 May 2005
Legislative Council: 8 September 2005
The long title for the Bill for this Act was "to provide for the revocation of a number of reservations in respect of various parcels of land, to provide for the revocation of Crown grants in relation to some of those parcels of land and the re-reservation of part of one of those parcels of land, to amend the Ballarat (Sovereign Hill) Land Act 1970 to provide for additional land to be included in the reserved land to which that Act applies and for other purposes."
The Land (Miscellaneous Matters) Act 2005 was assented to on 20 September 2005 and came into operation as follows:
Sections 1, 2, 6–14 and Schedules 1 and 2 on 21 September 2005: section 2(1); Part 2 (sections 3–5) on 21 October 2005: Government Gazette 20 October 2005 page 2308.
2. Table of Amendments
There are no amendments made to the Land (Miscellaneous Matters) Act 2005 by Acts and subordinate instruments.
3. Explanatory Details
No entries at date of publication.
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