Melbourne Harbor Trust Land Act 1968 (Vic)
Version No. 001
Melbourne Harbor Trust Land Act 1968
Act No. 7764/1968
Version as at 14 February 2000
TABLE OF PROVISIONS
Section Page
1.Short title and commencement
2.Definition
3.Vesting of land in First Schedule
4.Amendment of leases in Second Schedule
5.Dedication of land in Third Schedule
6.Registrar of Titles to make alterations etc.
7.Amendment of Melbourne Harbour Trust Act 1958
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SCHEDULES
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
Melbourne Harbor Trust Land Act 1968
Act No. 7764/1968
Version as at 14 February 2000
An Act to vest certain Land in the Melbourne Harbor Trust Commissioners to dedicate certain other Land as a Public Highway and to amend the Melbourne Harbor Trust Act 1958.
Preamble
WHEREAS the lands described in the First and Third Schedules are partly unalienated lands of the Crown and partly lands alienated by way of the leases referred to in Part I of the Second Schedule:
AND WHEREAS it is expedient that, while preserving the rights of the lessees under the said leases, the land described in the First Schedule should be vested in the Melbourne Harbor Trust Commissioners for the purposes of the Melbourne Harbor Trust Act 1958:
AND WHEREAS it is expedient that the land described in the Third Schedule should be dedicated to the public as a public highway for the purpose of widening the adjoining highway in accordance with the Coal Canal Bridge Act 1960:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title and commencement
(1)This Act may be cited as the Melbourne Harbor Trust Land Act 1968.
(2)This Act shall come into operation on the 1st day of January, 1969.
2.Definition
In this Act "Commissioners" means the Melbourne Harbor Trust Commissioners.
3.Vesting of land in First Schedule
(1)The land described in the First Schedule is hereby vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Act 1958.
(2)As from the commencement of this Act the Commissioners shall be entitled to the rents and profits of the said land described in the First Schedule.
4.Amendment of leases in Second Schedule
The leases referred to in Part I of the Second Schedule shall as from the commencement of this Act be deemed to have been granted by the Commissioners and shall operate subject to the amendments set forth in Part II of the Second Schedule.
5.Dedication of land in Third Schedule
The land described in the Third Schedule is hereby dedicated to the public as a public highway under the care and management of and shall be maintained by the City of Melbourne.
6.Registrar of Titles to make alterations etc.
The Registrar of Titles is hereby authorized and directed to make all such entries and alterations upon any lease duplicate lease or other document as may be necessary or expedient in consequence of this Act and the holder of any such duplicate lease or other document shall produce the same to the Registrar of Titles for that purpose.
7.Amendment of Melbourne Harbour Trust Act 1958
After paragraph (g) of Part I of the Second Schedule to the Melbourne Harbor Trust Act 1958 there shall be inserted the following paragraph—
"(h)the land described in the First Schedule to the Melbourne Harbor Trust Land Act 1968;".
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SCHEDULES
FIRST SCHEDULE
Twenty-three acres three roods twenty-four perches, more or less, Parish of Doutta Galla, County of Bourke:
Commencing at a point on the western boundary of land vested in the Melbourne Harbor Trust Commissioners (described in the Schedule to Act No. 7618), such point bearing 180º 6' 1288/10 links from the north-western angle of that land; bounded thence by the said land bearing 180º 6' 7394/10 links, 270º 6' 182 links, and 180º 6' 3483/10 links; by further land vested in the Melbourne Harbor Trust Commissioners (described in Part 5 of the Third Schedule to Act No. 6871) bearing 219º 40' 7188/10 links and (described in Part I of the Seventh Schedule to Act No. 6871) bearing 309º 40' 257699/10 links; and thence by lines bearing 90º 5' 14442/10 links and 90º 6' 1182 links to the point of commencement.
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SECOND SCHEDULE
PART I
Crown Leases—
Volume 1205 Folio 594 with Freighter Industries (Vic.) Proprietary Limited.
Volume 1205 Folio 628 with Dunlop Tyre Service (Melbourne) Pty. Limited (formerly known as National Tyre Service (Melbourne) Pty. Limited).
Volume 1205 Folio 944 with Gibbs Bright and Co. Proprietary Limited.
Volume 1207 Folio 801 with Interport Terminals Pty. Limited (formerly known as G.A.H. Proprietary Limited).
Volume 1207 Folio 297 with Patons Brake Replacements Proprietary Limited.
PART II
Leases referred to in Part I are hereby amended as follows:
1. In clause 1—
(a)at the end of the habendum for the words 'The Board of Land and Works (hereinafter called "the Board")' or 'the Minister of Lands (hereinafter called "the Minister")' there shall be substituted the words 'the Melbourne Harbor Trust Commissioners (hereinafter called "the Commissioners")';
(b)for paragraph (b) of the reddendum there shall be substituted the following paragraph—
"(b) (i)during the succeeding 10 years of the said term the yearly re-appraised rent fixed for that period of 10 years by agreement between the Commissioners and the lessee or in default of agreement by an independent valuer appointed by the Valuer-General;
(ii)during the last year of the said term the yearly re-appraised rent fixed in accordance with the provisions of paragraph (i).".
2. In clause 2—
(a)(i) in paragraph (d) for the words "the Board under its common seal" or "the Minister under his hand" there shall be substituted the words "the Commissioners under their seal";
(ii) in paragraph (g) for the words "the Secretary for Lands and his successors in office for and on behalf of Her said Majesty" there shall be substituted the words "the Commissioners";
(iii) in paragraph (h) for the words "Her said Majesty by her servants or agents or the servants and officers of the Board" there shall be substituted the words "the servants and officers of the Commissioners" and for the words "by Her said Majesty or by the Board" there shall be substituted the words "by the Commissioners";
(iv) in paragraph (l) for the words "the Board under its seal" or "the Minister under his hand" there shall be substituted the words "the Commissioners under their seal";
(b)save as otherwise provided in paragraph (a) hereof for the words "Her said Majesty", "the Board", "the Minister", "the said Secretary" (wherever occurring) there shall be substituted the words "the Commissioners".
3. In clause 3—
(a)in paragraph (a) for the words "Her said Majesty", "the Governor in Council", "the Board", "the Minister" (wherever occurring);
(b)in paragraph (d) for the words "the Board" or "the Minister" (wherever occurring);
(c)in paragraph (e) for the words "Her said Majesty";
(d)in paragraph (f) for the words "the Board or the Secretary for Lands" or "the Minister or the Secretary for Lands"—
there shall be substituted the words "the Commissioners".
4.(1) In the Schedule for the words "Her said Majesty" (where first occurring) there shall be substituted the words "the Commissioners".
(2)In paragraph (d) of the Schedule to the lease with Interport Terminals Pty. Limited and the lease with Patons Brake Replacements Proprietary Limited for the words "Her said Majesty her heirs and successors" and "the Board" or "the Minister" there shall be substituted the words "the Commissioners".
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THIRD SCHEDULE
Three acres one rood thirty-seven perches, more or less, Parish of Doutta Galla, County of Bourke:
Commencing at a point on the southern alignment of Footscray-road being the north-western angle of land vested in the Melbourne Harbor Trust Commissioners (described in the Schedule to Act No. 7618); bounded thence by that land bearing 180º 6' 1288/10 links; by lines bearing 270º 6' 1182 links and 270º 5' 14442/10 links; by land vested in the Melbourne Harbor Trust Commissioners (described in Part I of the Seventh Schedule to Act No. 6871) bearing 309º 40' 2021/10 links; and thence by Footscray-road bearing
90º 5' 1600 links and 90º 6' 1182 links to the point of commencement.
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ENDNOTES
1. General Information
The Melbourne Harbor Trust Land Act 1968 was assented to on 18 December 1968 and came into operation on 1 January 1969: section 1(2).
2. Table of Amendments
There are no amendments made to the Melbourne Harbor Trust Land Act 1968 by Acts and subordinate instruments.
3. Explanatory Details
No entries at date of publication.
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