Land (Revocation of Reservations) Act 2024 (Vic)

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Version No. 002

Land (Revocation of Reservations) Act 2024

No. 3 of 2024

Version as at


1 November 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Shepparton land

3Revocation of reservation—Shepparton land

4Consequences of revocation—Shepparton land

5Temporary reservation of Shepparton land

6Greater Shepparton City Council to be committee of management

Part 3—Toolangi land

7Revocation of reservation—Toolangi land

8Consequences of revocation—Toolangi land

9Revocation of reservation does not affect certain lease

10Preservation of lease does not place parties in breach

Part 4—Merriman Creek land, Seaspray

11Revocation of reservation—Merriman Creek land, Seaspray

12Consequences of revocation

Part 5—Mechanics institutes reserves

13Revocation of reservation and Crown grant—Mechanics' Institute land at Haunted Stream

14Revocation of reservation and Crown grant—Mechanics' Institute land at Narracan South

15Revocation of reservation and Crown grant—Mechanics' Institute land at Darlimurla

16Revocation of reservation and Crown grant—Mechanics' Institute land at Mirboo

17Consequences of revocation—Mechanics' Institute land at Haunted Stream, Narracan South, Darlimurla and Mirboo

18Land at Haunted Stream taken to be reserved forest

19Revocation of reservation—Mechanics' Institute land at Wombelano

20Consequences of revocation—Mechanics' Institute land at Wombelano

Part 6—Port of Geelong land

21Revocation of reservation—Port of Geelong land

22Consequences of revocation—Port of Geelong land

23Revocation of reservation does not affect certain rights

Part 7—Clunes land

24Revocation of reservation—Clunes land

25Consequences of revocation—Clunes land

26Revocation of reservation does not affect lease

27Preservation of lease does not place parties in breach

Part 8—Alexandra Park land

28Revocation of reservation and excision from Crown grant—Alexandra Park land

29Consequences of revocation

Part 9—Melbourne City Baths land

30Revocation of reservation and Crown grant—Melbourne City Baths land

31Consequences of revocation

32How remaining reserved land is to be known

Part 10—Walhalla land

33Revocation of reservation—Walhalla land

34Consequences of revocation—Walhalla land

35Revocation of reservation does not affect certain rights

36Land (Reservations and other Matters) Act 1999

Part 11—General

37Registrar 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      Explanatory details

Version No. 002

Land (Revocation of Reservations) Act 2024

No. 3 of 2024

Version as at


1 November 2024

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to revoke the permanent reservation of certain land at Victoria Park Lake in Shepparton and to provide for the temporary re-reservation of that land for public purposes; and

(b)to revoke the permanent reservation of certain land at Toolangi; and

(c)to revoke the permanent reservation of certain land at Seaspray; and

(d)to revoke the permanent reservations and related Crown grants of certain Mechanics Institute land—

(i)at Haunted Stream to be dedicated as a reserved forest under the Forests Act 1958; and

(ii)at Narracan South, Darlimurla, Mirboo and Wombelano; and

(e)to revoke the permanent reservation of certain land at the Port of Geelong; and

(f)to revoke the permanent reservation of certain land at Clunes; and

(g)to revoke the permanent reservation and related Crown grant of certain land at Alexandra Park in Melbourne; and

(h)to revoke the permanent reservation and related Crown grant of certain land at the Melbourne City Baths Reserve; and

(i)to revoke the permanent reservation of certain land at Walhalla.

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 November 2024, it comes into operation on that day.


PART 2—SHEPPARTON LAND

3Revocation of reservation—Shepparton land

The Order in Council specified in item 1 of Schedule 1 is revoked to the extent that it applies to the land described in that item.

4Consequences of revocation—Shepparton land

Subject to sections 5 and 6, on the revocation by section 3 of the Order in Council specified in item 1 of Schedule 1 to the extent that the Order applies to the land described in that item—

(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.

5Temporary reservation of Shepparton land

On the revocation by section 3 of the Order in Council specified in item 1 of Schedule 1 to the extent that the Order applies to the land described in that item, that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes.

6Greater Shepparton City Council to be committee of management

On the revocation by section 3 of the Order in Council specified in item 1 of Schedule 1 to the extent that the Order applies to the land described in that item, Greater Shepparton City Council is taken to be the committee of management of that land appointed under section 14(2) of the Crown Land (Reserves) Act 1978.


PART 3—TOOLANGI LAND

7Revocation of reservation—Toolangi land

The Order in Council specified in items 2 and 3 of Schedule 1 is revoked to the extent that it applies to the land described in those items.

8Consequences of revocation—Toolangi land

Subject to section 9, on the revocation by section 7 of the Order in Council specified in items 2 and 3 of Schedule 1 to the extent that the Order applies to 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)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.

9Revocation of reservation does not affect certain lease

Nothing done by section 7 or 8 affects the lease granted under section 17D of the Crown Land (Reserves) Act 1978 over the land described in Crown Allotment 2008 shown on plan OP122949 lodged in the Central Plan Office—

(a)between the Minister responsible for administering the Crown Land (Reserves) Act 1978 and the Victorian Seed Potato Certification Authority and the Victorian Strawberry Industry Certification Authority; and

(b)that commenced on 1 January 2010; and

(c)that was in force immediately before the commencement of section 7.

10Preservation of lease does not place parties in breach

Nothing done by virtue of this Part—

(a)is to be regarded as placing any person in breach of, or as constituting a default under, any provision of the lease referred to in section 9, 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; or

(c)releases the obligor wholly or in part from any obligation.

PART 4—MERRIMAN CREEK LAND, SEASPRAY

11Revocation of reservation—Merriman Creek land, Seaspray

The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2018 shown on plan OP125674 lodged in the Central Plan Office.

12Consequences of revocation

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 2018 shown on plan OP125674 lodged in the Central Plan Office—

(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.

PART 5—MECHANICS INSTITUTES RESERVES

13Revocation of reservation and Crown grant—Mechanics' Institute land at Haunted Stream

(1)The Order in Council specified in item 5 of Schedule 1 is revoked.

(2)Crown grant Volume 3042 Folio 245 is revoked.

14Revocation of reservation and Crown grant—Mechanics' Institute land at Narracan South

(1)The Order in Council specified in item 6 of Schedule 1 is revoked.

(2)Crown grant Volume 2284 Folio 705 is revoked.

15Revocation of reservation and Crown grant—Mechanics' Institute land at Darlimurla

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

(2)Crown grant Volume 2149 Folio 695 is revoked.

16Revocation of reservation and Crown grant—Mechanics' Institute land at Mirboo

(1)The Order in Council specified in item 8 of Schedule 1 is revoked.

(2)Crown grant Volume 2303 Folio 401 is revoked.

17Consequences of revocation—Mechanics' Institute land at Haunted Stream, Narracan South, Darlimurla and Mirboo

Subject to section 18, on the revocation of the Orders in Council specified in item 5, item 6, item 7 and item 8 of Schedule 1 reserving the land described in the applicable item—

(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.

18Land at Haunted Stream taken to be reserved forest

On the revocation of the Order in Council and Crown grant specified in item 5 of Schedule 1 by section 13, the land described in that item is taken to be reserved forest referred to in section 42(1)(c) of the Forests Act 1958 as if it had been dedicated as a reserved forest under section 45 of that Act.

19Revocation of reservation—Mechanics' Institute land at Wombelano

The Order in Council specified in item 9 of Schedule 1 is revoked.

20Consequences of revocation—Mechanics' Institute land at Wombelano

On the revocation of the Order in Council specified in item 9 of Schedule 1 reserving the land described in that item—

(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 incorporation of the Wombelano Fire Shed Committee of Management under section 14A of the Crown Land (Reserves) Act 1978 as a corporation is dissolved and the members who constitute that corporation go out of office; and

(c)the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

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

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


PART 6—PORT OF GEELONG LAND

21Revocation of reservation—Port of Geelong land

The Order in Council specified in item 10 of Schedule 1 is revoked to the extent it applies to the land described in that item.

22Consequences of revocation—Port of Geelong land

On the revocation by section 21 of the Order in Council specified in item 10 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 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.

23Revocation of reservation does not affect certain rights

Despite section 22, the land described in item 10 of Schedule 1 continues to be a road under the Land Act 1958 and any rights, easements or privileges existing or claimed in relation to that land by the public or any body or person, as incident to an express or implied grant, past dedication or supposed dedication, past user, operation of law or otherwise continue to apply.


PART 7—CLUNES LAND

24Revocation of reservation—Clunes land

The Order in Council specified in item 11 of Schedule 1 is revoked to the extent that it applies to the land described in that item.

25Consequences of revocation—Clunes land

Subject to section 26, on the revocation by section 24 of the Order in Council specified in item 11 of Schedule 1 to the extent that the Order applies to the land described in that item—

(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.

26Revocation of reservation does not affect lease

Nothing done by section 24 or 25 affects the lease granted under section 17D of the Crown Land (Reserves) Act 1978 over the land described in item 11 of Schedule 1—

(a)between the Minister for Environment and Wesley College Melbourne; and

(b)that commenced on 1 July 2023; and

(c)that was in force immediately before the commencement of section 24.

27Preservation of lease does not place parties in breach

Nothing done by virtue of this Part—

(a)is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease referred to in section 26, 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; or

(c)releases the obligor wholly or in part from any obligation.

PART 8—ALEXANDRA PARK LAND

28Revocation of reservation and excision from Crown grant—Alexandra Park land

(1)The Order in Council specified in item 12 of Schedule 1 is revoked to the extent that it applies to Crown Allotments 2127 and 2128 shown on plan OP126169R lodged in the Central Plan Office and Crown Allotment 2131 shown on plan OP126170H lodged in the Central Plan Office.

(2)Crown grant Volume 4083 Folio 583 is revoked to the extent that it relates to Crown Allotments 2127 and 2128 shown on plan OP126169R lodged in the Central Plan Office and Crown Allotment 2131 shown on plan OP126170H lodged in the Central Plan Office.

29Consequences of revocation

On the revocation of the Order in Council specified in item 12 of Schedule 1 to the extent that it applies to the land described in Crown Allotments 2127 and 2128 shown on plan OP126169R lodged in the Central Plan Office and Crown Allotment 2131 shown on plan OP126170H lodged in the Central Plan Office—

(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.

PART 9—MELBOURNE CITY BATHS LAND

30Revocation of reservation and Crown grant—Melbourne City Baths land

(1)The Order in Council specified in item 13 of Schedule 1 is revoked to the extent that it relates to Crown Allotment 2474 shown on plan OP126346V lodged in the Central Plan Office.

(2)Crown grant Volume 1057 Folio 216 is revoked to the extent that it relates to Crown Allotment 2474 shown on plan OP126346V lodged in the Central Plan Office.

31Consequences of revocation

On the revocation of the Order in Council specified in item 13 of Schedule 1 reserving the land described in that item to the extent that it relates to Crown Allotment 2474 shown on plan OP126346V lodged in the Central Plan Office—

(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.

32How remaining reserved land is to be known

On and from the commencement of section 30, the land known as Crown Allotment 1, Section 44A, City of Melbourne, Parish of Melbourne North (other than the land forming Crown Allotment 2474 shown on plan OP126346V lodged in the Central Plan Office) is to be known as Crown Allotment 2473 City of Melbourne, Parish of Melbourne North on plan OP126346V and remains—

(a)permanently reserved as a site for Public Baths and Wash-houses in accordance with the Order in Council dated 18 July 1878, published in the Government Gazette on 26 July 1878 at page 1797; and

(b)subject to restricted Crown grant Volume 1057 Folio 216.

PART 10—WALHALLA LAND

33Revocation of reservation—Walhalla land

The Order in Council specified in items 14 to 29 of Schedule 1 is revoked to the extent that it applies to the land described in those items.

34Consequences of revocation—Walhalla land

On the revocation by section 33 of the Order in Council specified in items 14 to 29 of Schedule 1 to the extent that the Order applies to 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)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.

35Revocation of reservation does not affect certain rights

(1)Despite section 34—

(a)the land specified in subsection (2) continues to be a road under the Land Act 1958, to the extent that the whole or any part of that land is a road under that Act; and

(b)any rights, easements or privileges existing or claimed in relation to that land by the public or any body or person, as incident to an express or implied grant, past dedication or supposed dedication, past user, operation of law or otherwise continue to apply.

(2)The specified land is—

(a)Crown Allotments 2018, 2019, 2020 and 2021 shown on plan OP126069V lodged in the Central Plan Office;

(b)Crown Allotments 2022 and 2026 shown on plan OP126070M lodged in the Central Plan Office;

(c)Crown Allotments 2024, 2025, 2027 and 2028 shown on plan OP126564K lodged in the Central Plan Office;

(d)Crown Allotments 2032, 2038, 2041, 2042, 2043, 2045, 2048, 2050, 2052 and 2059 shown on plan OP126488Y lodged in the Central Plan Office;

(e)Crown Allotment 2002 shown on plan OP121057 lodged in the Central Plan Office;

(f)Crown Allotment 2004 shown on plan OP121056 lodged in the Central Plan Office.

36Land (Reservations and other Matters) Act 1999

(1)Part 4 of the Land (Reservations and other Matters) Act 1999 is repealed.

(2)Item 7 of Schedule 1 to the Land (Reservations and other Matters) Act 1999 is repealed.

PART 11—GENERAL

37Registrar 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—Shepparton land

Situation and area of land: Crown Allotment 2024, Township of Shepparton, Parish of Shepparton, County of Moira shown on plan OP125137 lodged in the Central Plan Office, being 3.445 hectares.
Instrument and date of reservation: Order in Council dated 3 October 1932, published in the Government Gazette on 5 October 1932 at page 2262.
Description of reserved land by reference to Government Gazette: Government Gazette dated 5 October 1932 at page 2262.
Purpose of reservation: Site for Public Park.
Extent of revocation: The reserve so far as it relates to Crown Allotment 2024 shown on plan OP125137 lodged in the Central Plan Office.

Item 2—Toolangi land

Situation and area of land: Crown Allotment 9, Parish of Tarrawarra North, County of Evelyn shown on plan OP105360 lodged in the Central Plan Office, being 34.77 hectares.
Instrument and date of reservation: Order in Council dated 29 May 1990, published in the Government Gazette on 6 June 1990 at page 1737.
Description of reserved land by reference to Government Gazette: Government Gazette dated 6 June 1990 at page 1737.
Purpose of reservation: Agricultural Research purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 9 shown on plan OP105360 lodged in the Central Plan Office.

Item 3—Toolangi land

Situation and area of land: Crown Allotments 2005 and 2008, Parish of Tarrawarra North, County of Evelyn shown on plan OP122949 lodged in the Central Plan Office, being 70.17 hectares.
Instrument and date of reservation: Order in Council dated 29 May 1990, published in the Government Gazette on 6 June 1990 at page 1737.
Description of reserved land by reference to Government Gazette: Government Gazette dated 6 June 1990 at page 1737.
Purpose of reservation: Agricultural Research purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotments 2005 and 2008 shown on plan OP122949 lodged in the Central Plan Office.

Item 4—Merriman Creek land, Seaspray

Situation and area of land: Crown Allotment 2018, Parish of Giffard, County of Buln Buln shown on plan OP125674 lodged in the Central Plan Office, being 1581 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette dated 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587.
Purpose of reservation: Public Purposes.
Extent of revocation: The reserve so far as it relates to the part of Crown Allotment 2018 shown on plan OP125674 lodged in the Central Plan Office.

Item 5—Mechanics Institute land—Haunted Stream

Situation and area of land: Crown Allotment 1, Section A, Township of Stirling, Parish of Yambulla, County of Dargo, being 1947 square metres.
Instrument and date of reservation: Order in Council dated 6 April 1903, published in the Government Gazette on 15 April 1903 at page 1194.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1903 at page 662.
Crown grant details: Crown grant Volume 3042 Folio 245.
Purpose of reservation: Site for a Mechanics' Institute.
Extent of revocation: The entire reserve.

Item 6—Mechanics Institute land—Narracan South, South Gippsland

Situation and area of land: Crown Allotment 13A, Parish of Narracan South, County of Buln Buln, being 4046 square metres.
Instrument and date of reservation: Order in Council dated 19 March 1889, published in the Government Gazette on 22 March 1889 at page 1047.
Description of reserved land by reference to Government Gazette: Government Gazette dated 22 February 1889 at page 686.
Crown grant details: Crown grant Volume 2284 Folio 705.
Purpose of reservation: Site for a Mechanics' Institute and Free Library.
Extent of revocation: The entire reserve.

Item 7—Mechanics Institute land—Darlimurla, South Gippsland

Situation and area of land: Crown Allotment 36A, Parish of Narracan South, County of Buln Buln, being 2023 square metres.
Instrument and date of reservation: Order in Council dated 26 November 1888, published in the Government Gazette on 30 November 1888 at page 3603.
Description of reserved land by reference to Government Gazette: Government Gazette dated 26 October 1888 at page 3244.
Crown grant details: Crown grant Volume 2149 Folio 695.
Purpose of reservation: Site for a Mechanics' Institute and Free Library.
Extent of revocation: The entire reserve.

Item 8—Mechanics Institute land—Mirboo, South Gippsland

Situation and area of land: Crown Allotment 13, Section 2B, Township of Mirboo, Parish of Mirboo South, County of Buln Buln, being 2023 square metres.
Instrument and date of reservation: Order in Council dated 20 November 1886, published in the Government Gazette on 3 December 1886 at page 3342.
Description of reserved land by reference to Government Gazette: Government Gazette dated 29 October 1886 at page 3063.
Crown grant details: Crown grant Volume 2303 Folio 401.
Purpose of reservation: Site for a Mechanics' Institute and Free Library.
Extent of revocation: The entire reserve.

Item 9—Mechanics Institute land—Wombelano, Grampians region

Situation and area of land: Crown Allotment 1, Section 2, Parish of Konnepra, County of Lowan, being 1771 square metres.
Instrument and date of reservation: Order in Council dated 15 January 1906, published in the Government Gazette on 24 January 1906 at page 599.
Description of reserved land by reference to Government Gazette: Government Gazette dated 13 December 1905 at page 4682.
Purpose of reservation: Site for a Mechanics' Institute.
Extent of revocation: The entire reserve.

Item 10—Port of Geelong land

Situation and area of land: Part of Crown Allotment 2012, Parish of Moorpanyal, being 5.3 hectares, shown hatched on the plan numbered LEGL./23-025 lodged in the Central Plan Office.
Instrument and date of reservation: Order in Council dated 26 May 1873, published in the Government Gazette on 13 June 1873 at page 1059.
Description of reserved land by reference to Government Gazette: Government Gazette dated 15 November 1872 at page 2086.
Purpose of reservation: Site for Public purposes.
Extent of revocation: The reserve so far as it relates to the land shown hatched on the plan numbered LEGL./23-025 lodged in the Central Plan Office.

Item 11—Clunes land

Situation and area of land: Crown Allotments 2022 and 2024, Township of Clunes, Parish of Clunes shown on Original Plan No. OP123937, being 6095 square metres.
Instrument and date of reservation: Order in Council dated 8 May 1865, published in the Government Gazette on 16 June 1865 at page 1339.
Description of reserved land by reference to Government Gazette: Government Gazette dated 16 June 1865 at page 1339.
Purpose of reservation: Site for Borough Chambers.
Extent of revocation: The reserve so far as it relates to Crown Allotments 2022 and 2024 as shown on Original Plan No. OP123937.

Item 12—Alexandra Park land

Situation and area of land: Crown Allotments 2127 and 2128, City of Melbourne, Parish of Melbourne South shown on plan OP126169R lodged in the Central Plan Office, being 400 square metres and Crown Allotment 2131, City of Melbourne, Parish of Melbourne South shown on plan OP126170H lodged in the Central Plan Office, being 256 square metres, being a total of 656 square metres.
Instrument and date of reservation: Order in Council dated 5 August 1913, published in the Government Gazette dated 13 August 1913 at page 3532.
Description of reserved land by reference to Government Gazette: Government Gazette dated 2 July 1913 at page 2774.
Crown grant details: Crown grant Volume 4083 Folio 583.
Purpose of reservation: Public Park for the Recreation and Amusement of His Majesty's Subjects and People.
Extent of revocation: The reserve so far as it relates to Crown Allotments 2127 and 2128 shown on plan OP126169R lodged in the Central Plan Office and Crown Allotment 2131 shown on plan OP126170H lodged in the Central Plan Office.

Item 13—Melbourne City Baths land

Situation and area of land: Crown Allotment 2474, City of Melbourne, Parish of Melbourne North, being 10.2 square metres, being part of Crown Allotment 1, Section 44A, City of Melbourne, Parish of Melbourne North.
Instrument and date of reservation: Order in Council dated 18 July 1878, published in the Government Gazette on 26 July 1878 at page 1797.
Description of reserved land by reference to Government Gazette: Government Gazette dated 14 June 1878 at page 1374.
Crown grant details: Crown grant Volume 1057 Folio 216.
Purpose of reservation: Site for Public Baths and Wash-houses.
Extent of revocation: The reserve so far as it relates to Crown Allotment 2474 shown on plan OP126346V lodged in the Central Plan Office.

Item 14—Walhalla land

Situation and area of land: Crown Allotments 2018, 2019, 2020 and 2021, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP126069V lodged in the Central Plan Office, being 1425 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotments 2018, 2019, 2020 and 2021 shown on plan OP126069V lodged in the Central Plan Office.

Item 15—Walhalla land

Situation and area of land: Crown Allotments 2022 and 2026, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP126070M lodged in the Central Plan Office, being 269.6 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotments 2022 and 2026 shown on plan OP126070M lodged in the Central Plan Office.

Item 16—Walhalla land

Situation and area of land: Crown Allotments 2024, 2025, 2027 and 2028, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP126564K lodged in the Central Plan Office, being 238.2 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotments 2024, 2025, 2027 and 2028 shown on plan OP126564K lodged in the Central Plan Office.

Item 17—Walhalla land

Situation and area of land: Crown Allotments 2032, 2035, 2037, 2038, 2041, 2042, 2043, 2045, 2048, 2050, 2052, 2054 and 2059, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP126488Y lodged in the Central Plan Office, being 5773.1 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotments 2032, 2035, 2037, 2038, 2041, 2042, 2043, 2045, 2048, 2050, 2052, 2054 and 2059 shown on plan OP126488Y lodged in the Central Plan Office.

Item 18—Walhalla land

Situation and area of land: Crown Allotment 121D, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121060 lodged in the Central Plan Office, being 1350 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 121D shown on plan OP121060 lodged in the Central Plan Office.

Item 19—Walhalla land

Situation and area of land: Crown Allotment 121G, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121061 lodged in the Central Plan Office, being 1143 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 121G shown on plan OP121061 lodged in the Central Plan Office.

Item 20—Walhalla land

Situation and area of land: Crown Allotments 121H, 121J, 121K and 121M, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121062 lodged in the Central Plan Office, being 5555 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotments 121H, 121J, 121K and 121M shown on plan OP121062 lodged in the Central Plan Office.

Item 21—Walhalla land

Situation and area of land: Crown Allotment 119E, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121076 lodged in the Central Plan Office, being 338 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 119E shown on plan OP121076 lodged in the Central Plan Office.

Item 22—Walhalla land

Situation and area of land: Crown Allotment 150D, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121078 lodged in the Central Plan Office, being 53 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 150D shown on plan OP121078 lodged in the Central Plan Office.

Item 23—Walhalla land

Situation and area of land: Crown Allotments 99B and 99D, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121064 lodged in the Central Plan Office, being 568 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotments 99B and 99D shown on plan OP121064 lodged in the Central Plan Office.

Item 24—Walhalla land

Situation and area of land: Crown Allotment 93E, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121066 lodged in the Central Plan Office, being 998 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 93E shown on plan OP121066 lodged in the Central Plan Office.

Item 25—Walhalla land

Situation and area of land: Crown Allotment 2002, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121057 lodged in the Central Plan Office, being 343 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 2002 shown on plan OP121057 lodged in the Central Plan Office.

Item 26—Walhalla land

Situation and area of land: Crown Allotment 2004, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121056 lodged in the Central Plan Office, being 1498 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 2004 shown on plan OP121056 lodged in the Central Plan Office.

Item 27—Walhalla land

Situation and area of land: Crown Allotment 70A, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121067 lodged in the Central Plan Office, being 1574 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 70A shown on plan OP121067 lodged in the Central Plan Office.

Item 28—Walhalla land

Situation and area of land: Crown Allotment 44C, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121068 lodged in the Central Plan Office, being 282 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 44C shown on plan OP121068 lodged in the Central Plan Office.

Item 29—Walhalla land

Situation and area of land: Crown Allotment 30B, Township of Walhalla, Parish of Walhalla, County of Tanjil shown on plan OP121082 lodged in the Central Plan Office, being 38 square metres.
Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette on 27 May 1881 at page 1389.
Description of reserved land by reference to Government Gazette: Government Gazette dated 25 February 1881 at page 587 (item 43A).
Purpose of reservation: Site for Public Purposes.
Extent of revocation: The reserve so far as it relates to Crown Allotment 30B shown on plan OP121082 lodged in the Central Plan Office.

═════════════


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: 15 November 2023

Legislative Council: 30 November 2023

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 Shepparton, Toolangi, Seaspray, Haunted Stream, Narracan South, Darlimurla, Mirboo, Wombelano, Geelong, Clunes, Melbourne and Walhalla, to revoke related Crown grants and to re-reserve certain land and for other purposes."

The Land (Revocation of Reservations) Act 2024 was assented to on 20 February 2024 and came into operation as follows:

Sections 1–6, 11–37 on 1 June 2024: Special Gazette (No. 274) 28 May 2024 page 1; sections 7–10 on 1 November 2024: section 2(2).

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 2024 by Acts and subordinate instruments.

3   Explanatory details

No entries at date of publication.

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