Melbourne Lands (Yarra River North Bank) (Amendment) Act 2005 (Vic)

Melbourne Lands (Yarra River North Bank) (Amendment) Act 2005

Act No. 67/2005

table of provisions

Section

1.Purpose

2.Commencement

3.Principal Act

4.Definitions

5.Leasing powers

6.New section 4A inserted

4A.Power to vary lease of aquarium site land

7.Consequential amendment of certain references to land

8.Preserving rights under the Transport Act 1983

9.New section 8 inserted

8.Transitional provision—Melbourne Lands (Yarra
River North Bank) (Amendment) Act 2005

10.Schedule 1 substituted

SCHEDULE 1—Aquarium Site Land

═══════════════

Endnotes

Melbourne Lands (Yarra River North Bank) (Amendment) Act 2005

[Assented to 11 October 2005]

Preamble

Under the Melbourne Lands (Yarra River North Bank) Act 1997, the Melbourne City Council is the Committee of Management of the land shown in Schedule 1 to that Act.

The Melbourne City Council is also authorised by that Act to grant a lease not exceeding an aggregate of 99 years for the purpose of the construction or occupation of an aquarium and substantial buildings or works for related retail, tourism or commercial purposes on that land.

In November 1997, a lease for an initial term of 50 years was granted to Melbourne Underwater World Pty Ltd for the purpose of the Melbourne Aquarium.

To facilitate the expansion of the Melbourne Aquarium, it is necessary to provide for additional land to be included in the aquarium site and for the lease relating to the Aquarium to be varied for that purpose.

The Parliament of Victoria therefore enacts as follows:

1.Purpose

The purpose of this Act is to amend the Melbourne Lands (Yarra River North Bank) Act 1997—

(a)to provide for additional land to be included in the site used for the Melbourne Aquarium; and

(b)to make further provision in relation to powers to lease that land.

2.Commencement

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

3.Principal Act

In this Act, the Melbourne Lands (Yarra River North Bank) Act 1997 is called the Principal Act.

4.Definitions

In section 3 of the Principal Act—

(a)insert the following definition—

' "aquarium site land" means the land shown hatched and cross-hatched on the plan in Schedule 1;';

(b)the definition of "reserved land" is repealed.

5.Leasing powers

(1)Insert the following heading to section 4 of the Principal Act—

"Powers to lease aquarium site land".

(2)In section 4(1) of the Principal Act for "any reserved land in the area shown hatched on the plan in Schedule 1" substitute "any aquarium site land".

6.New section 4A inserted

After section 4 of the Principal Act insert—

"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.".

7.Consequential amendment of certain references to land

(1)In section 5(1) of the Principal Act—

(a)for "land shown hatched on the plan in Schedule 1" substitute "aquarium site land";

(b)for "land shown hatched in the Schedule" substitute "aquarium site land".

(2)In section 5(3) of the Principal Act, for "reserved land" substitute "aquarium site land".

8.Preserving rights under the Transport Act 1983

At the end of section 7 of the Principal Act insert—

"(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.".

9.New section 8 inserted

After section 7 of the Principal Act insert—

"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.".

10.Schedule 1 substituted

For Schedule 1 to the Principal Act substitute—

"SCHEDULE 1

Aquarium Site Land

".

═══════════════

Endnotes

Minister's second reading speech—

Legislative Assembly: 17 August 2005

Legislative Council: 15 September 2005

The long title for the Bill for this Act was "to amend the Melbourne Lands (Yarra River North Bank) Act 1997 to provide for additional land to be included in the site used for the Melbourne Aquarium and for other purposes."