Melbourne (Widening of Streets) (Repeal) Act 1986 (Vic)

Version No. 001

Melbourne (Widening of Streets) (Repeal) Act 1986

Act No. 97/1986

Version as at 14 February 2000

TABLE OF PROVISIONS

Section  Page

1.Purposes

2.Commencement

3.Repeals

4.Sale of land by Council

═══════════════

ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Melbourne (Widening of Streets) (Repeal) Act 1986

Act No. 97/1986

Version as at 14 February 2000

The Parliament of Victoria enacts as follows:

1.Purposes

The purposes of this Act are—

(a)to repeal the Melbourne (Widening of Streets) Act 1940 and the Melbourne (Widening of Streets) Act 1943; and

(b)to enable the Council of the City of Melbourne to sell acquired land to an abutting land owner.

2.Commencement

This Act comes into operation on 1 January 1987.

3.Repeals

The Melbourne (Widening of Streets) Act 1940 and the Melbourne (Widening of Streets) Act 1943 are repealed.

4.Sale of land by Council

(1)The Council of the City of Melbourne may sell any land vested in the City of Melbourne which was acquired for the purposes of the Melbourne (Widening of Streets) Act 1940.

(2)Land to be sold under sub-section (1) may be sold only to the owner of land abutting that land.

(3)The sale price of land to be sold under sub-section (1) must be based upon the current market value of the land determined by the Valuer-General as at a date not more than six months prior to the date of sale.

(4)The Council of the City of Melbourne must pay out of the town fund of the City of Melbourne the reasonable expenses incurred by the Valuer-General in making a valuation for the purposes of this section.

(5)The proceeds of any sale under this section must be paid into the town fund of the City of Melbourne.

(6)Subject to sub-section (7), all rights of carriageway over land sold under this section cease and determine on the registration of any transfer or the execution of any conveyance in respect of the land.

(7)If immediately before the registration of any transfer or the execution of any conveyance in respect of land sold under this section, a public statutory corporation had or possessed in respect of the land (whether by virtue of any easement or grant or by force of any Act) any right, title, power, authority or interest referred to in sub-section (8), the public statutory corporation continues to have and possess in respect of the land the same right, title, power, authority or interest.

(8)Sub-section (7) applies to any right, title, power, authority or interest in land with respect to or in connection with any drains, pipes, wires or cables laid or erected in on or over the land or a part of the land for the purpose of drainage or sewerage or for the supply of water, gas or electricity or for telegraph or telephone or other like purpose.

(9)In sub-section (2), "owner" means the person for the time being entitled (whether on the person's own account or as the agent of or trustee for any other person) to receive or who, if the land were let to a tenant at a rent, would be entitled to receive the rent.

═══════════════

ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Council: 22 October 1986

Legislative Assembly: 29 October 1986

The long title for the Bill for this Act was "A Bill to repeal the Melbourne (Widening of Streets) Act 1940 and the Melbourne (Widening of Streets) Act 1943 and for other purposes.".

The Melbourne (Widening of Streets) (Repeal) Act 1986 was assented to on 16 December 1986 and came into operation on 1 January 1987: section 2.

2.     Table of Amendments

There are no amendments made to the Melbourne (Widening of Streets) (Repeal) Act 1986 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.