Land (St. Kilda Sea Baths) Act 2000 (Vic)

Version No. 001

Land (St. Kilda Sea Baths) Act 2000

No. 61 of 2000

Version as at

31 March 2023

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Definitions

4Application

5Powers to lease car park land

6Power to enter and use land despite reservation

7Registrar of Titles to make necessary amendments

Schedule—Details of reservation

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Land (St. Kilda Sea Baths) Act 2000

No. 61 of 2000

Version as at

31 March 2023

The Parliament of Victoria enacts as follows:

1Purpose

The main purpose of this Act is to provide for a power to lease land for the purposes of a car park at St. Kilda.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Definitions

In this Act—

car park land means the land shown hatched on the lodged plan;

committee of management means the committee of management appointed under the Crown Land (Reserves) Act 1978 in respect of any part of the car park land;

lodged planmeans the plan numbered
LEGL./00–21 lodged in the Central Plan Office in the Department of Natural Resources and Environment.

4Application

This Act has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978, any regulations made under the Crown Land (Reserves) Act 1978, the Land Act 1958 or any other Act or law.

5Powers to lease car park land

(1)The committee of management may grant a lease of the car park land or part of that land for the purposes of the development, maintenance and operation of a car park.

(2)The committee of management must not grant a lease under subsection (1) unless the Minister administering the Crown Land (Reserves) Act 1978 has, in writing to the committee, approved the granting of the lease.

(3)A lease granted under subsection (1) may be for a term not exceeding 45 years.

(4)A lease granted under subsection (1)—

(a)may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 45 years; and

(b)may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and

(c)is subject to any covenants, exceptions, reservations and conditions that are determined by the committee of management and approved in writing by the Minister.

(5)If there is no committee of management, the Minister administering the Crown Land (Reserves) Act 1978 may grant a lease of the car park land in accordance with this section, subject to any covenants, exceptions, reservations and conditions that are determined by the Minister.

6Power to enter and use land despite reservation

(1)If a lease of the car park land is granted under this Act, the lessee, its servants or agents may enter and use the car park land for the purposes of—

(a)carrying out the development of a car park on the car park land; and

(b)carrying out the development of structures and works ancillary to the car park on the car park land; and

(c)the alteration, repair, maintenance and removal of that car park or those structures and works; and

(d)the operation of that car park—

in accordance with that lease.

(2)Subsection (1) does not apply unless written consent to the entry or use has been obtained from—

(a)the committee of management; or

(b)if there is no committee of management, the Minister administering the Crown Land (Reserves) Act 1978.

(3)This section applies despite anything to the contrary in the Orders in Council specified in items 1 and 2 of the Schedule and any other Order in Council under the Crown Land (Reserves) Act 1978 reserving any part of the car park land.

7Registrar 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.

SCHEDULE—DETAILS OF RESERVATION

Item 1—Sea Baths Complex land

Situation and area of land:	At St. Kilda, Parish of Melbourne South, County of Bourke, being 7.942 hectares, less authorised excisions.
Instrument and date of reservation:	Order in Council dated 5 June 1906.
Description of land by reference to Government Gazette:	Government Gazette dated 13 June 1906, page 2379.
Purpose of reservation:	Site for the Recreation, Convenience and Amusement of the People.

Item 2—Sea Baths Complex land

Situation and area of land:	At St. Kilda, Parish of Melbourne South, County of Bourke, being 2328 square metres, being Allotment 102D.
Instrument and date of reservation:	Order in Council dated 13 July 1999.
Description of land by reference to Government Gazette:	Government Gazette dated 15 July 1999, page 1672.
Purpose of reservation:	Site for the Recreation, Convenience and Amusement of the People.

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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: 31 August 2000

Legislative Council: 24 October 2000

The long title for the Bill for this Act was "to provide for power to lease land for the purposes of a car park at St. Kilda and for other purposes."

The Land (St. Kilda Sea Baths) Act 2000 was assented to on 8 November 2000 and came into operation on 9 November 2000: section 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 (St. Kilda Sea Baths) Act 2000 by Acts and subordinate instruments.

3   Explanatory details

No entries at date of publication.