Melbourne Lands (Yarra River North Bank) Act 1997 (Vic)
Version No. 002
Melbourne Lands (Yarra River North Bank) Act 1997
Act No. 28/1997
Version incorporating amendments as at 12 October 2005
table of provisions
Section Page
1.Purposes
2.Commencement
3.Definitions
4.Powers to lease aquarium site land
4A.Power to vary lease of aquarium site land
5.Rights of passage to and from leased land
6.Divesting of land from Melbourne City Council
7.Preserving rights under Transport Act 1983
8.Transitional provision—Melbourne Lands (Yarra River
North Bank) (Amendment) Act 2005
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SCHEDULES
SCHEDULE 1—Aquarium Site Land
SCHEDULE 2—Land to be Divested from Melbourne City Council
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 002
Melbourne Lands (Yarra River North Bank) Act 1997
Act No. 28/1997
Version incorporating amendments as at 12 October 2005
Preamble
The land shown hatched on the plan in Schedule 1 consists of land reserved and vested in the Melbourne City Council under the Melbourne (Flinders-street) Land Act 1958, land temporarily reserved under the Crown Land (Reserves) Act 1978, and other Crown land.
The Melbourne City Council is the manager of part of the land shown hatched on the plan in Schedule 1 and now proposes further development for the land in the Schedule.
In order for the development to proceed it is necessary to allow the land to be leased for longer periods from those presently enabled by law. It is also necessary to provide for additional rights for the leaseholders, for the divesting of the land shown hatched on the plan in Schedule 2 from the Melbourne City Council, for the temporary reservation of that land and for the appointment of the Melbourne City Council as the committee of management of that land.
The Parliament of Victoria therefore enacts as follows:
1.Purposes
The purposes of this Act are to—
(a)enable the granting of long term leases for certain land adjacent to the Yarra River; and
(b)provide for certain consequential rights; and
(c)provide for the divesting of the land shown hatched on the plan in Schedule 2 from the Melbourne City Council; and
(d)provide for the appointment of the Melbourne City Council as committee of management of the land shown hatched on the plan in Schedule 2; and
(e)provide for other related matters.
2.Commencement
(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in sub-section (2) does not come into operation before 1 February 1998, it comes into operation on that day.
3.Definitions
In this Act—
"aquarium site land" means the land shown hatched and cross-hatched on the plan in Schedule 1;
"land" includes a stratum of land;
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"stratum of land" means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited.
4.Powers to lease aquarium site land
(1)The committee of management of any aquarium site land may grant a lease of that land or part of that land for the purpose of the construction or occupation of an aquarium and substantial buildings or works for related retail, tourism or commercial purposes on the land.
(2)The committee of management must not grant a lease under sub-section (1) unless the Minister has, in writing to the committee, approved the granting of the lease.
(3)The Minister must not approve the granting of a lease under sub-section (1) unless the Minister has satisfied himself or herself that—
(a)if the lease is granted before the buildings and works proposed for the land have been built, the lease includes a covenant requiring the construction of an aquarium and substantial buildings or works for related retail, tourism or commercial purposes and that the buildings and works which are the subject of the covenant are of such a nature and value as to justify a lease of longer than 21 years; and
(b)if the lease is for a purpose other than the purpose for which the land is reserved, the lease is not detrimental to the purpose for which the land is reserved; and
(c)if the lease includes a stratum of land—
(i)each lessee for the time being under the lease can obtain reasonable access to the use of the land to be leased; and
(ii)the granting of the lease will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and
(iii)provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and
(iv)provision has been made (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land.
(4)A lease granted under sub-section (1) must not be for an initial term of more than 50 years.
(5)A lease granted under sub-section (1)—
(a)may contain provision for the term of the lease to be extended one or more times, but—
(i)each extension of the lease must not exceed 21 years; and
(ii)the aggregate of the initial term and any extensions of the term must not exceed 99 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 by the Minister.
(6)This section has effect despite anything to the contrary in the Land Act 1958, the Crown Land (Reserves) Act 1978 or regulations made under the Crown Land (Reserves) Act 1978.
4A.Power to vary lease of aquarium site land
(1)Despite any law to the contrary, a lease entered into under section 4 may be varied by providing that the lease applies to any part of the aquarium site land, whether or not any part of that land was originally subject to the lease.
(2)The power to make a variation to a lease under sub-section (1)—
(a)must not be exercised unless—
(i)the Minister has, in writing to the committee of management, approved the variation of the lease; and
(ii)all the parties to the lease agree to the variation; and
(b)is in addition to, and does not limit, any other powers to vary a lease entered into under section 4.
5.Rights of passage to and from leased land
(1)Despite any reservation of the aquarium site land, the holder of a lease under section 4, and any person so authorised by the holder, have a right to pass and re-pass over that part of the aquarium site land which is not the subject of a lease under section 4, subject to the following provisions—
(a)the right includes a right to pass or re-pass with or without goods or vehicles;
(b)the right may be exercised at the times and places determined by the committee of management of the land over which the right is to be exercised;
(c)the exercise of the right must be related to the purposes of the lease.
(2)In making a determination under sub-section (1)(b) the committee of management must be reasonably satisfied that the determination is necessary to give effect to the terms of the lease.
(3)A right under sub-section (1) does not affect any right the public has to use the aquarium site land.
6.Divesting of land from Melbourne City Council
The land shown hatched on the plan in Schedule 2 is divested from the Melbourne City Council and—
(a)is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)any regulations made under the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land; and
(c)is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes; and
(d)the Melbourne City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of the land.
7.Preserving rights under Transport Act 1983
(1)Nothing in this Act affects any rights over the land shown hatched on the plan in Schedule 1 under the Transport Act 1983 that apply to the Flinders Street Viaduct Railway.
(2)Nothing in this Act affects any rights over the land shown cross-hatched on the plan in Schedule 1 under the Transport Act 1983 that apply to the Flinders Street Viaduct Railway.
8.Transitional provision—Melbourne Lands (Yarra River North Bank) (Amendment) Act 2005
(1)On and from the commencement of the Melbourne Lands (Yarra River North Bank) (Amendment) Act 2005, the lease dated 13 November 1997 of part of the land shown hatched in Schedule 1 between Melbourne City Council and Melbourne Underwater World Pty Ltd may be varied in accordance with section 4A to include any part of the land shown cross-hatched on the plan in Schedule 1 (as substituted by that Act) as part of the land which is subject to that lease.
(2)Nothing effected by this section—
(a)is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease, 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.
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SCHEDULES
SCHEDULE 1
Aquarium Site Land
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SCHEDULE 2
Land to be Divested from Melbourne City Council
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ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 10 April 1997
Legislative Council: 27 May 1997
The long title for the Bill for this Act was "A Bill to make further provision in relation to the leasing, divesting and reservation of certain land adjacent to the Yarra River near Flinders Street and for other purposes."
The Melbourne Lands (Yarra River North Bank) Act 1997 was assented to on 27 May 1997 and came into operation as follows:
Sections 1, 2 on 27 May 1997: section 2(1); rest of Act on 19 June 1997: Government Gazette 19 June 1997 page 1384.
2. Table of Amendments
This Version incorporates amendments made to the Melbourne Lands (Yarra River North Bank) Act 1997 by Acts and subordinate instruments.
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Melbourne Lands (Yarra River North Bank) (Amendment) Act 2005, No. 67/2005
Assent Date: 11.10.05 Commencement Date: 12.10.05: s. 2 CurrentState: All of Act in operation
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3. Explanatory Details
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