Land (Revocation of Reservations) Act 2012 (Vic)

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Version No. 001

Land (Revocation of Reservations) Act 2012

No. 24 of 2012

Version

as at


31 October 2012

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—St Kilda Land

3Revocation of reservation and Crown grant—St Kilda land

4Consequences of revocation—St Kilda land

5Temporary reservation of St Kilda land

6City of Port Phillip is committee of management

Part 3—Former Fitzroy Gasworks

7Revocation of reservation—Former Fitzroy Gasworks

8Consequences of revocation—Former Fitzroy Gasworks

9Preservation of leases and licences while land remains Crown land

Part 4—Toolangi Potato Research Farm

10Revocation of reservation—Toolangi Potato Research Farm

11Consequences of revocation—Toolangi Potato Research Farm

12Certain land taken to be reserved forest

Part 5—Sneydes Road, Werribee

13Revocation of reservation—Sneydes Road, Werribee

14Consequences of revocation—Sneydes Road, Werribee

Part 6—Inglewood Hospital Reserve

15Revocation of reservation—Inglewood Hospital Reserve

16Consequences of revocation—Inglewood Hospital Reserve

Part 7—Barwon Heads Land

17Revocation of reservation—Barwon Heads land

18Consequences of revocation—Barwon Heads land

Part 8—South Melbourne Temperance Hall

19Revocation of reservation and Crown grant—South Melbourne Temperance Hall

20Consequences of revocation—South Melbourne Temperance Hall

Part 9—General

21Registrar of Titles to make amendments necessary for this Act

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SCHEDULES

SCHEDULE 1—Land in Respect of which Reservations are Revoked

SCHEDULE 2—St Kilda Land

SCHEDULE 3—Inglewood Hospital Reserve

SCHEDULE 4—Barwon Heads Land

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Land (Revocation of Reservations) Act 2012

No. 24 of 2012

Version

as at


31 October 2012

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to revoke the permanent reservation and related Crown grant of certain land next to the St Kilda Town Hall and to provide that that land is taken to be temporarily reserved for municipal purposes;

(b)to revoke the permanent reservation of land at the former Fitzroy Gasworks site;

(c)to revoke the permanent reservation of part of the land occupied by the Toolangi Potato Research Farm and to provide that that land is taken to be reserved forest;

(d)to revoke the permanent reservation of certain land at Werribee;

(e)to revoke the permanent reservation of certain land no longer required by the Inglewood Hospital;

(f)to revoke the permanent reservation of certain land at Barwon Heads;

(g)to revoke the permanent reservation and related Crown grant of land occupied by the South Melbourne Temperance Hall.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 January 2013, it comes into operation on that day.

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Part 2—St Kilda Land

3Revocation of reservation and Crown grant—St Kilda land

(1)The Order in Council specified in item 1 of Schedule 1 is revoked.

(2)Crown Grant Volume 3746 Folio 015 is revoked.

4Consequences of revocation—St Kilda land

On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1—

(a)that land is taken 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)the appointment of any trustee of the land is revoked to the extent that it relates to that land; and

(d)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

5Temporary reservation of St Kilda land

On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1, the land shown hatched on the plan in Schedule 2 is taken to be temporarily reserved for municipal purposes under section 4(1) of the Crown Land (Reserves) Act 1978.

6City of Port Phillip is committee of management

On the commencement of this Part, the City of Port Phillip is taken to be the committee of management of the land shown hatched on the plan in Schedule 2 under the Crown Land (Reserves) Act 1978.

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Part 3—Former Fitzroy Gasworks

7Revocation of reservation—Former Fitzroy Gasworks

The reservation of the land described in item 2 of Schedule 1 is revoked.

8Consequences of revocation—Former Fitzroy Gasworks

On the revocation by this Part of the reservation of the land specified in item 2 of Schedule 1—

(a)that land is taken 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)the appointment of any trustee of that land is revoked to the extent that the appointment relates to that land; and

(d)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

9Preservation of leases and licences while land remains Crown land

(1)Despite the commencement of section 8, any lease or licence granted under section 54P of the Financial Management Act 1994 over the land described in item 2 of Schedule 1 existing immediately before the commencement of this Act is taken to continue in force on and after that commencement.

(2)Subsection (1) does not apply if the land ceases to be Crown land.

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Part 4—Toolangi Potato Research Farm

10Revocation of reservation—Toolangi Potato Research Farm

The Order in Council specified in item 3 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11‑069.

11Consequences of revocation—Toolangi Potato Research Farm

On the revocation by this Part of the Order in Council specified in item 3 of Schedule 1 to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11‑069—

(a)that land is taken 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.

12Certain land taken to be reserved forest

On the revocation by this Part of the Order in Council specified in item 3 of Schedule 1 reserving land to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11‑069, that land is taken to be reserved forest under section 42 of the Forests Act 1958.

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Part 5—Sneydes Road, Werribee

13Revocation of reservation—Sneydes Road, Werribee

The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-023.

14Consequences of revocation—Sneydes Road, Werribee

On the revocation by this Part of the Order in Council specified in item 4 of Schedule 1 to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-023—

(a)that land is taken 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.

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Part 6—Inglewood Hospital Reserve

15Revocation of reservation—Inglewood Hospital Reserve

The Order in Council specified in item 5 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 3.

16Consequences of revocation—Inglewood Hospital Reserve

On the revocation by this Part of the Order in Council specified in item 5 of Schedule 1 to the extent that it applies to the land shown hatched on the plan in Schedule 3—

(a)that land is taken 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.

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Part 7—Barwon Heads Land

17Revocation of reservation—Barwon Heads land

The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 4.

18Consequences of revocation—Barwon Heads land

On the revocation by this Part of the Order in Council specified in item 6 of Schedule 1 to the extent that it applies to the land shown hatched on the plan in Schedule 4—

(a)that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests, other than a temporary reservation of the land shown as hatched on the plan in Schedule 4 and identified as "B"; 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.

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Part 8—South Melbourne Temperance Hall

19Revocation of reservation and Crown grant—South Melbourne Temperance Hall

(1)The Order in Council specified in item 7 of Schedule 1 is revoked.

(2)The Crown grant the particulars of which are set out in item 7 of Schedule 1 is revoked.

20Consequences of revocation—South Melbourne Temperance Hall

On the revocation by this Part of the Order in Council specified in item 7 of Schedule 1—

(a)that land is taken 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)the appointment of any trustee of that land is revoked to the extent that the appointment relates to that land; and

(d)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

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Part 9—General

21Registrar of Titles to make amendments necessary for this Act

The Registrar of Titles must make any recordings in or amendments to the Register kept 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—St Kilda Land

Situation and area of land: Parish of Prahran, County of Bourke, 1475 square metres, being Crown Allotment 135B at St Kilda.
Instrument and date of reservation: Order in Council dated 23 April 1912, published in the Government Gazette dated 1 May 1912, page 1772.
Description of land by reference to Government Gazette: Government Gazette dated 13 March 1912, pages 1145–1146.
Particulars of Crown Grant: Crown Grant Volume 3746 Folio 015.
Purpose of reservation: Site for a Town Hall, Court House, and Offices.
Extent of revocation: The entire reserve.

Item 2—Former Fitzroy Gasworks

Situation and area of land: Parish of Jika Jika, County of Bourke, 1.214 hectares, being Crown Allotment A6 at North Fitzroy.
Notice of reservation: Government Gazette dated 4 March 1862, page 408.
Description of land by reference to Government Gazette: Government Gazette dated 4 March 1862, page 408.
Purpose of reservation: Site reserved for the purposes of the Crown grant to the Collingwood, Fitzroy and District Gas and Coke Company.
Extent of revocation: The entire reserve.

Item 3—Toolangi Potato Research Farm

Situation and area of land: Parish of Tarrawarra North, 43·8 hectares, being the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11‑069.
Instrument and date of reservation: Order in Council dated 29 May 1990, published in the Government Gazette dated 6 June 1990, page 1737.
Description of land by reference to Government Gazette: Government Gazette dated 6 June 1990, page 1737.
Purpose of reservation: Site for Agricultural Research Purposes.
Extent of revocation: The land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11‑069.

Item 4—Sneydes Road, Werribee

Situation and area of land: Parish of Deutgam, County of Bourke, 2.7 hectares, being the land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11‑023.
Instrument and date of reservation: Order in Council dated 6 July 1927, published in the Government Gazette dated 13 July 1927, page 2142.
Description of land by reference to Government Gazette: Government Gazette dated 8 June 1927, pages 1883–1884.
Purpose of reservation: Site for a State Research Farm (Agricultural) purposes.
Extent of revocation: The land shown hatched on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment numbered LEGL./11-023.

Item 5—Inglewood Hospital Reserve

Situation and area of land: Parish of Inglewood, County of Gladstone, 1333 square metres, being the land shown hatched on the plan in Schedule 3.
Instrument and date of reservation: Order in Council dated 1 August 1870, published in the Government Gazette dated 5 August 1870, page 1143.
Description of land by reference to Government Gazette: Government Gazette dated 5 August 1870, page 1143.
Purpose of reservation: Site for Hospital purposes.
Extent of revocation: The land shown hatched on the plan in Schedule 3.

Item 6—Barwon Heads Land

Situation and area of land: Parish of Conewarre, Township of Barwon Heads, 1041 square metres, being the land shown hatched on the plan in Schedule 4.
Instrument and date of reservation: Order in Council dated 30 August 1904, published in the Government Gazette dated 7 September 1904, page 2891.
Description of land by reference to Government Gazette: Government Gazette dated 20 July 1904, page 2273.
Purpose of reservation: Site for a Public Park.
Extent of revocation: The land shown hatched on the plan in Schedule 4.

Item 7—South Melbourne Temperance Hall

Situation and area of land: Parish of Melbourne South, County of Bourke, 584 square metres, being Crown Allotment 1D, Section 34.
Instrument and date of reservation: Order in Council dated 19 March 1860.
Description of land by reference to Government Gazette: Government Gazette dated 11 April 1860, page 651.
Particulars of Crown Grant: A Deed Poll or Crown Grant dated 26 November 1861 and under the hand of the then Governor and the Seal of the said colony.
Purpose of reservation: Site for a Temperance Hall.
Extent of revocation: The entire reserve.

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SCHEDULE 2

St Kilda Land

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SCHEDULE 3

Inglewood Hospital Reserve

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SCHEDULE 4

Barwon Heads Land

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ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Assembly: 28 March 2012

Legislative Council: 19 April 2012

The long title for the Bill for this Act was "A Bill for an Act to revoke certain reservations of land and related Crown grants in relation to two of those parcels of land and for other purposes."

The Land (Revocation of Reservations) Act 2012 was assented to on


8 May 2012 and came into operation on 31 October 2012: Special Gazette (No. 366) 30 October 2012 page 1.

2.     Table of Amendments

There are no amendments made to the Land (Revocation of Reservations) Act 2012 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.

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