Land (Revocation of Reservations) Act 2019 (Vic)
Version No. 001
Land (Revocation of Reservations) Act 2019
No. 48 of 2019
Version as at
17 March 2020
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Frankston land
3Revocation of reservations—Frankston land
4Consequences of revocation—Frankston land
5Temporary reservation of Frankston land
Part 3—Lower Reserve, Camberwell
Division 1—Crown Allotment 2145, Lower Reserve, Camberwell
6Revocation of reservation—Crown Allotment 2145, Lower Reserve, Camberwell
7Consequences of revocation—Crown Allotment 2145, Lower Reserve, Camberwell
8Temporary reservation of Crown Allotment 2145, Lower Reserve, Camberwell
Division 2—Crown Allotment 2144, Lower Reserve, Camberwell
9Revocation of reservation—Crown Allotment 2144, Lower Reserve, Camberwell
10Consequences of revocation—Crown Allotment 2144, Lower Reserve, Camberwell
11Temporary reservation of Crown Allotment 2144, Lower Reserve, Camberwell
12Revocation of reservation does not affect certain rights
13Preservation of licences does not place parties in breach
Part 4—Geelong Foreshore reserve
14Revocation of reservations—Geelong Foreshore
15Consequences of revocation—Geelong Foreshore
Part 5—Coleraine Racecourse land
16Revocation of reservations and Crown grants—Coleraine Racecourse land
17Consequences of revoking reservations and Crown grants—Coleraine Racecourse land
18Re-reservation of Coleraine Racecourse land
19Coleraine Racing Club Inc. to be committee of management
Part 6—General
20Registrar of Titles to make amendments necessary for this Act
Schedule 1—Land in respect of which reservations are revoked
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Land (Revocation of Reservations) Act 2019
No. 48 of 2019
Version as at
17 March 2020
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to revoke the permanent reservation of land adjoining Frankston Hospital and to provide for the temporary re-reservation of the land; and
(b)to revoke part of the permanent reservation of land at Lower Reserve, Camberwell, and to provide for the temporary re-reservation of that land; and
(c)to revoke the permanent reservation of part of the land on the Geelong Foreshore; and
(d)to revoke the permanent reservation and related Crown grants of land at the Coleraine Racecourse and to provide for the permanent re-reservation of the land.
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 27 August 2020, it comes into operation on that day.
Part 2—Frankston land
3Revocation of reservations—Frankston land
The Orders in Council specified in items 1, 2 and 3 of Schedule 1 are revoked to the extent specified in those items.
4Consequences of revocation—Frankston land
On the revocation of the Orders in Council specified in items 1, 2 and 3 of Schedule 1 reserving the land described in those items—
(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)subject to section 5, 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 it relates to that land; and
(d)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
5Temporary reservation of Frankston land
On the revocation of the Orders in Council specified in items 1, 2 and 3 of Schedule 1—
(a)the land described in those items is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for hospital purposes; and
(b)Peninsula Health Inc. continues to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.
Part 3—Lower Reserve, Camberwell
Division 1—Crown Allotment 2145, Lower Reserve, Camberwell
6Revocation of reservation—Crown Allotment 2145, Lower Reserve, Camberwell
The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2145, Parish of Boroondara.
7Consequences of revocation—Crown Allotment 2145, Lower Reserve, Camberwell
Subject to section 8, on the revocation of the Order in Council specified in item 4 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2145, Parish of Boroondara—
(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 it relates to that land; and
(d)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
8Temporary reservation of Crown Allotment 2145, Lower Reserve, Camberwell
On the revocation of the Order in Council specified in item 4 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2145, Parish of Boroondara, that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for State school purposes.
Division 2—Crown Allotment 2144, Lower Reserve, Camberwell
9Revocation of reservation—Crown Allotment 2144, Lower Reserve, Camberwell
The Order in Council specified in item 5 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2144, Parish of Boroondara.
10Consequences of revocation—Crown Allotment 2144, Lower Reserve, Camberwell
Subject to this Division, on the revocation of the Order in Council specified in item 5 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2144, Parish of Boroondara—
(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 it relates to that land; and
(d)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
11Temporary reservation of Crown Allotment 2144, Lower Reserve, Camberwell
On the revocation of the Order in Council specified in item 5 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2144, Parish of Boroondara—
(a)that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public recreation purposes; and
(b)the City of Boroondara is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of that land.
12Revocation of reservation does not affect certain rights
Nothing in this Division affects the following—
(a)the licence dated 7 February 2018 between the City of Boroondara as committee of management and Camberwell Primary School as licensee, as in force immediately before the commencement of section 9;
(b)the licence dated 3 August 2015 between the City of Boroondara as committee of management and Camberwell Junction Tennis Club Incorporated as licensee, as in force immediately before the commencement of section 9.
13Preservation of licences does not place parties in breach
Nothing done by virtue of this Division—
(a)is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a licence referred to in section 12 including any provision prohibiting, restricting or regulating the assignment of the licence; 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 the obligor wholly or in part from any obligation.
Part 4—Geelong Foreshore reserve
14Revocation of reservations—Geelong Foreshore
(1)The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it relates to the land specified in that item.
(2)The Order in Council specified in item 7 of Schedule 1 is revoked to the extent that it relates to the land specified in that item.
(3)The Order in Council specified in item 8 of Schedule 1 is revoked to the extent that it relates to the land specified in that item.
(4)The Order in Council specified in item 9 of Schedule 1 is revoked to the extent that it relates to the land specified in that item.
15Consequences of revocation—Geelong Foreshore
(1)On the revocation of the Orders in Council specified in items 6, 7, 8 and 9 of Schedule 1 to the extent that it relates to the land specified in those items—
(a)subject to this Part, 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 it relates to that land; and
(d)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
(2)The following are authorised, and are taken to always have been authorised, for the purposes of section 8 of the Crown Land (Reserves) Act 1978—
(a)the issue of Crown grant Volume 10269 Folio 410;
(b)the issue of Crown grant Volume 10269 Folio 411;
(c)the issue of Certificate of Title Volume 10288 Folios 515, 516, 517 and 518;
(d)the recording of any interest, or any dealing, in any land specified in item 7 of Schedule 1 subsequent to the issue of Crown grant Volume 10269 Folio 410;
(e)the recording of any interest, or any dealing, in any land specified in item 8 of Schedule 1 subsequent to the issue of Crown grant Volume 10269 Folio 411;
(f)the recording of any interest, or any dealing, in any land specified in item 9 of Schedule 1 subsequent to the issue of Certificate of Title Volume 10288 Folios 515, 516, 517 and 518.
(3)Nothing done by virtue of this Part—
(a)affects any holding or interest in any land specified in item 7, 8 or 9 of Schedule 1; or
(b)affects any mortgage or encumbrance recorded in respect of any land specified in item 7, 8 or 9 of Schedule 1; or
(c)affects any dealing in any land specified in item 7, 8 or 9 of Schedule 1; or
(d)affects the appointment of any trustee that relates to any land specified in item 7, 8 or 9 of Schedule 1; or
(e)is to be regarded as placing any person in breach of, or as constituting a default under, any obligation; or
(f)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
(g)releases the obligor wholly or in part from any obligation.
Part 5—Coleraine Racecourse land
16Revocation of reservations and Crown grants—Coleraine Racecourse land
(1)The Order in Council specified in item 10 of Schedule 1 is revoked to the extent that it relates to the land specified in that item.
(2)Crown grant Volume 1513 Folio 520 is revoked.
(3)Crown grant Volume 4060 Folio 980 is revoked.
(4)The land specified in item 11 of Schedule 1 ceases to be subject to the reservation imposed by virtue of section 3 of, and the Second and Third Schedules to, the Coleraine Race-course Act 1901 as in force immediately before the repeal of that Act by section 4(1) of the Statute Law Revision Act 1984.
17Consequences of revoking reservations and Crown grants—Coleraine Racecourse land
On the revocation of the reservations of land referred to in items 10 and 11 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)subject to section 19, 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 made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
18Re-reservation of Coleraine Racecourse land
On the revocation of the reservations of land referred to in items 10 and 11 of Schedule 1, that land is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 as a site for a racecourse.
19Coleraine Racing Club Inc. to be committee of management
On the revocation of the reservations of land referred to in items 10 and 11 of Schedule 1, Coleraine Racing Club Inc. is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of that land.
Part 6—General
20Registrar 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.
Schedule 1—Land in respect of which reservations are revoked
Item 1—Frankston land
| Situation and area of reserved land: | Crown Allotment 4A of Section 14, Township of Frankston, Parish of Frankston, being 6569 square metres. |
| Instrument and date of reservation: | Order in Council dated 15 December 1964, published in the Government Gazette dated 23 December 1964, page 3811. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 23 December 1964, page 3811. |
| Purpose of reservation: | Public Recreation. |
| Extent of revocation: | The entire reserve. |
Item 2—Frankston land
| Situation and area of reserved land: | Crown Allotment 4B of Section 14, Township of Frankston, Parish of Frankston, being 2150 square metres. |
| Instrument and date of reservation: | Order in Council dated 3 December 1963, published in the Government Gazette dated 11 December 1963, page 3619. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 11 December 1963, page 3619. |
| Purpose of reservation: | Public Recreation. |
| Extent of revocation: | The reserve so far as it relates to Crown Allotment 4B of Section 14, Township of Frankston, Parish of Frankston. |
Item 3—Frankston land
| Situation and area of reserved land: | Crown Allotment 4F of Section 14, Township of Frankston, Parish of Frankston, being 1701 square metres. |
| Instrument and date of reservation: | Order in Council dated 3 December 1963, published in the Government Gazette dated 11 December 1963, page 3619. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 11 December 1963, page 3619. |
| Purpose of reservation: | Public Recreation. |
| Extent of revocation: | The reserve so far as it relates to Crown Allotment 4F of Section 14, Township of Frankston, Parish of Frankston. |
Item 4—Lower Reserve, Camberwell land
| Situation and area of reserved land: | Crown Allotment 2145, Parish of Boroondara, being 2900 square metres. |
| Instrument and date of reservation: | Order in Council dated 23 November 1885, published in the Government Gazette dated 27 November 1885, page 3169. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 23 October 1885, page 2929. |
| Purpose of reservation: | Public gardens. |
| Extent of revocation: | The reserve so far as it relates to Crown Allotment 2145, Parish of Boroondara. |
Item 5—Lower Reserve, Camberwell land
| Situation and area of reserved land: | Crown Allotment 2144, Parish of Boroondara, being 2177 square metres. |
| Instrument and date of reservation: | Order in Council dated 23 November 1885, published in the Government Gazette dated 27 November 1885, page 3169. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 23 October 1885, page 2929. |
| Purpose of reservation: | Public gardens. |
| Extent of revocation: | The reserve so far as it relates to Crown Allotment 2144, Parish of Boroondara. |
Item 6—Geelong Foreshore land
| Situation and area of reserved land: | Crown Allotment 2095, Parish of Moorpanyal, being 1800 square metres. |
| Instrument and date of reservation: | Order in Council dated 26 May 1873, published in the Government Gazette dated 13 June 1873, page 1059. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 15 June 1872, page 2086. |
| Purpose of reservation: | Public Purposes. |
| Extent of revocation: | The reserve so far as it relates to Crown Allotment 2095. |
Item 7—Geelong Foreshore land
| Situation and area of reserved land: | Crown Allotment 60A, Parish of Moorpanyal, being the land shown hatched on plan LEGL./17-444 held in the Central Plan Office, being 6400 square metres. |
| Instrument and date of reservation: | Order in Council dated 26 May 1873, published in the Government Gazette dated 13 June 1873, page 1059. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 15 June 1872, page 2086. |
| Purpose of reservation: | Public Purposes. |
| Extent of revocation: | The reserve so far as it relates to the part of Crown Allotment 60A shown hatched on plan LEGL./ 17-444 held in the Central Plan Office. |
Item 8—Geelong Foreshore land
| Situation and area of reserved land: | Crown Allotment 60B, Parish of Moorpanyal, being the land shown hatched on plan LEGL./17-444 held in the Central Plan Office, being 30 square metres. |
| Instrument and date of reservation: | Order in Council dated 26 May 1873, published in the Government Gazette dated 13 June 1873, page 1059. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 15 June 1872, page 2086. |
| Purpose of reservation: | Public Purposes. |
| Extent of revocation: | The reserve so far as it relates to the part of Crown Allotment 60B shown hatched on plan LEGL./ 17-444 held in the Central Plan Office. |
Item 9—Geelong Foreshore land
| Situation and area of reserved land: | Crown Allotment 60, Parish of Moorpanyal, being the land shown hatched on plan LEGL./17-444 held in the Central Plan Office, being 700 square metres. |
| Instrument and date of reservation: | Order in Council dated 26 May 1873, published in the Government Gazette dated 13 June 1873, page 1059. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 15 June 1872, page 2086. |
| Purpose of reservation: | Public Purposes. |
| Extent of revocation: | The reserve so far as it relates to the part of Crown Allotment 60 shown hatched on plan LEGL./17-444 held in the Central Plan Office. |
Item 10—Coleraine Racecourse land
| Situation and area of reserved land: | Crown Allotment 4 of Section 20, Parish of Coleraine, being 43.3044 hectares. |
Instrument and date of reservation: | Order in Council dated 22 May 1883, published in the Government Gazette on 25 May 1883, page 1064. |
| Description of reserved land by reference to Government Gazette: | Government Gazette dated 27 April 1883, page 891. |
| Crown grant details: | Volume 1513 Folio 520. |
| Purpose of reservation: | Site for a Racecourse, permanent. |
| Extent of revocation: | The entire reserve. |
Item 11—Coleraine Racecourse land
| Situation and area of reserved land: | Crown Allotments 4B and 4C of Section 20, Parish of Coleraine, being 19.102 hectares. |
| Instrument and date of reservation: | 1. Crown grant Volume 4060 Folio 980. 2. The Coleraine Race-course Act 1901, section 3 and the Second and Third Schedules. |
| Description of reserved land by reference to Act: | Second and Third Schedules to the Coleraine Race-course Act 1901. |
| Crown grant details: | Volume 4060 Folio 980. |
| Purpose of reservation: | Site for a Racecourse, permanent. |
| Extent of revocation: | The entire reserve. |
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 11 September 2019
Legislative Council: 29 October 2019
The long title for the Bill for this Act was "A Bill for an Act to provide for the revocation of certain permanent reservations of Crown land at Frankston, Camberwell, Geelong and Coleraine, to revoke related Crown grants and to re-reserve certain land and for other purposes."
The Land (Revocation of Reservations) Act 2019 was assented to on 3 December 2019 and came into operation on 17 March 2020: Special Gazette (No. 122) 11 March 2020 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Land (Revocation of Reservations) Act 2019 by Acts and subordinate instruments.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
No entries at date of publication.
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