South Melbourne Land Act 1986 (Vic)

Version No. 011

South Melbourne Land Act 1986

No. 99 of 1986

Version incorporating amendments as at 8 February 2008

table of provisions

Section  Page

1Purpose

2Commencement

3Designated area

4Closure of roads and extinguishment of easements and
restrictive covenants

5Sale of land

6Issue of Crown grant

7Arrangements with other persons

8Land Act 1958 and Crown Land (Reserves) Act 1978 not affected

9Reports

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SCHEDULE

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 011

South Melbourne Land Act 1986

No. 99 of 1986

Version incorporating amendments as at 8 February 2008

The Parliament of Victoria enacts as follows:

1Purpose

The purpose of this Act is to make provision for the use of Crown lands on part of the south bank of the Yarra River to facilitate the redevelopment of that area and for other purposes.

2Commencement

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

3Designated area

In this Act, designated area means the land shown enclosed within the heavy black broken line on the plan in the Schedule.

4Closure of roads and extinguishment of easements and restrictive covenants

(1)The Minister may recommend to the Governor in Council—

(a)that the whole or part of any road within the designated area be closed; or

(b)that any easement or restrictive covenant within the designated area be extinguished.

(2)The Governor in Council may by Order give effect to a recommendation of the Minister under subsection (1).

(3)The Minister must, before making a recommendation to the Governor in Council—

(a)cause notice of the Minister's intention to make that recommendation to be given to—

(i)the owners of any land which the Minister considers is likely to be substantially affected by the carrying into effect of the recommendation; and

(ii)the council of the municipality in which the land to which the recommendation relates is situated; and

(b)give any owner or council notified an opportunity of making objections to the recommendation; and

(c)have due regard to all those objections, if any, and to any other matter that may be prescribed.

(4)On the publication of any Order in relation to roads—

(a)the road or the part of the road closed ceases to be a road or a part of a road; and

(b)all rights and interests existing or claimed in the land forming the road or the part of the road closed are extinguished; and

(c)the land forming the road or the part of the road closed—

(i)is freed from all limitations, restrictions and encumbrances; and

(ii)becomes unalienated land of the Crown; and

(iii)vests in the Minister.

(5)On the publication of any Order extinguishing an easement or restrictive covenant, the easement or restrictive covenant is extinguished.

(6)Any owner of land who is substantially affected by the carrying into effect of a recommendation of the Minister is entitled to be compensated.

(7)The amount of compensation is to be agreed between the Minister and the owner, but if they cannot agree, the amount is to be determined as if the claim for compensation was a claim against a council under Part XLIV of the Local Government Act 1958, and for this purpose, that Part applies to this section with any adaptations that are necessary.

(8)If the land forming the part of any road closed by Order is not land under the operation of the Transfer ofLand Act 1958, the publication of the Order brings the land under the operation of that Act.

(9)The Registrar of Titles must make any recordings in the Register that are necessary to give effect to this Act and may require the holder of any relevant certificate of title to deliver it to the Registrar.

*                *                *                *                *

5Sale of land

(1)The Minister may, after consultation with the Treasurer and the Minister administering the Planning and Environment Act 1987, sell by—

(a)public auction; or

(b)public tender; or

(c)private treaty—

any Crown land within the designated area.

(2)Any land sold under subsection (1) may be sold—

(a)at the price; and

(b)on any terms and conditions as to—

(i)the use, development or redevelopment of the land by the purchaser;

(ii)the time within which the land must be developed or redeveloped; and

(c)on any other terms and conditions—

that the Minister thinks fit.

(3)The assignment or transfer of any interest under a contract for the sale of land under this section before the land is granted is void, unless the Minister gives written consent to the assignment or transfer.

6Issue of Crown grant

(1)The Governor in Council may, on behalf of the Crown, grant any land sold under section 5 and may make the grant subject to conditions, covenants, exceptions and reservations.

(2)The Governor in Council may by Order vary or revoke any such condition, covenant, exception or reservation.

7Arrangements with other persons

For the purposes of developing or redeveloping any Crown land within the designated area, the Minister may enter into a partnership, joint venture or other arrangement with other persons.

8Land Act 1958 and Crown Land (Reserves) Act 1978 not affected

Nothing in this Act affects the operation of the Land Act 1958 or the Crown Land (Reserves) Act 1978.

9Reports

The Minister must cause a report giving details of—

(a)any compulsory acquisition of land in the designated area which is subsequently sold under section 5 (including details of land, the acquisition and the price); and

(b)any sale made under section 5 (including details of the land, the manner of sale, the price and any terms and conditions to which the sale was made subject); and

(c)any grant, variation or revocation made under section 6 (including details of the land and any conditions, covenants, exceptions or reservations to which the grant is subject, or which have been varied or revoked)—

to be laid before the Legislative Council and the Legislative Assembly before the end of the 14th sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the sale, grant, variation or revocation.

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SCHEDULE

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ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Assembly: 9 October 1986

Legislative Council: 18 November 1986

The long title for the Bill for this Act was "A Bill to make provision for the redevelopment of part of the south bank of the Yarra River and for other purposes.".

The South Melbourne Land Act 1986 was assented to on 16 December 1986 and came into operation 16 December 1986.

2.     Table of Amendments

This Version incorporates amendments made to the South Melbourne Land Act 1986 by Acts and subordinate instruments.

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Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:	16.5.89
Commencement Date:	3.2.92: Government Gazette 18.12.91 p. 3488
CurrentState:	All of Act in operation

Planning and Environment (Amendment) Act 1989, No. 86/1989

Assent Date:	5.12.89
Commencement Date:	S. 29(1) on 16.2.88: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the South Melbourne Land Act 1986

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 55) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the South Melbourne Land Act 1986

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3.     Explanatory Details

No entries at date of publication.