The Railway Melbourne Lands Exchange Act 1888 (Vic)
Version No. 001
The Railway Melbourne Lands Exchange Act 1888
Act No. 1003/1888
Version incorporating amendments as at 21 February 2001
TABLE OF PROVISIONS
Section Page
1.Short title
2.Lands vested in Railways Commissioners
3.Lands to vest by force of this Act
4.Railway or tramway to be constructed into market lands at expense of Corporation
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SCHEDULES
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3—Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
The Railway Melbourne Lands Exchange Act 1888
Act No. 1003/1888
Version incorporating amendments as at 21 February 2001
An Act to make provision for the Vesting of certain Lands in the Board of Lands and Works, the Victorian Railways Commissioners, the Mayor Aldermen Councillors and Citizens of the City of Melbourne respectively.
Preamble
WHEREAS the lands described in the First Schedule hereto are required by the Victorian Railways Commissioners for the purposes of "The Victorian Railways Commissioners Act 1883":
AND WHEREAS the said lands are under the management and control of or are vested in the Mayor Aldermen Councillors and Citizens of the City of Melbourne or the said Mayor Aldermen Councillors and Citizens jointly with the Board of Land and Works or the said Board:
AND WHEREAS it has been agreed between the said Commissioners of the one part and the said Mayor Aldermen Councillors and Citizens and the said Board of the other part that the said lands together with the buildings and erections thereon should be vested in the said Commissioners subject to certain conditions and provisoes:
AND WHEREAS the same cannot be done without the authority of Parliament:
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
This Act may for all purposes be cited as "The Railway Melbourne Lands Exchange Act 1888."
2.Lands vested in Railways Commissioners
Immediately upon the payment by the Victorian Railways Commissioners to the Mayor Aldermen Councillors and Citizens of the City of Melbourne (hereinafter termed the "Corporation") of the sum of Eight thousand pounds the lands described in the First Schedule hereto together with the buildings thereon shall become vested in the said Commissioners for the purposes of "The Victorian Railways Commissioners Act 1883" subject to the conditions and provisos mentioned in the said First Schedule.
Immediately on such payment aforesaid the lands described in the Second Schedule hereto together with the buildings thereon shall become vested in the Corporation for the purposes following and for no other purposes whatsoever (that is to say):
The lands numbered one two and three in the said Second Schedule for the purposes of a general market, provided that the Corporation shall pay to the Board of Land and Works the sum of Five thousand pounds as the value of any buildings or improvements thereon:
The lands numbered five in the said Second Schedule for market and refrigerating chambers and storage purposes:
The lands numbered four in the said Second Schedule for yardage for sanitary vehicles and appliances and materials requisite for the public purposes of the city:
The lands numbered six in the said Second Schedule for market and other purposes or for yardage for plant utensils and appliances for maintenance of the streets and public works of the city:
The lands numbered seven in the said Second Schedule for the purposes of a street.
3.Lands to vest by force of this Act
The said lands shall vest in and belong to the respective corporations in which they are respectively vested by this Act and shall without further or other conveyance or assurance than this Act be and become vested in and be held and enjoyed by such corporations respectively for the purposes hereinbefore in this Act specified but not otherwise freed from the terms and conditions of any Crown grant reservation or dedication of any kind whatsoever affecting the same or any part thereof.
4.Railway or tramway to be constructed into market lands at expense of Corporation
It shall be lawful for the said Commissioners when so requested and when furnished with sufficient funds for the purpose by the Corporation to construct into and to such part of the lands described in the Second Schedule hereto and therein numbered one two and three as the Corporation may specify a railway or tramway from and connected with the railways vested in the said Commissioners, the cost of which railway or tramway and the maintenance thereof for the entire length thereof beyond the limits of the land vested in the Commissioners shall be borne and defrayed by the Corporation.
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SCHEDULES
THE FIRST SCHEDULE
I.Commencing on the south side of Flinders-street at a point in a line with the eastern side of Queen-street and proceeding thence for four chains sixteen links more or less in a straight line bearing south twenty-eight degrees east to the northern bank of the River Yarra and bounded on the east by land belonging to the Victorian Railways Commissioners; thence for seven chains more or less in a straight line bearing westerly along the said northern bank of the River Yarra to the north-eastern angle of the new Falls Bridge; thence for seven chains four links more or less by a curve of six chains radius the centre of which lies to the south-east to a point on the south side of Flinders-street in line with the western side of Queen-street; and thence for one chain fifty links in a straight line bearing north sixty-two degrees east along the said southern side of Flinders-street to the commencing point, and containing an area of two acres thirty-eight perches more or less.
II.Commencing at the intersection of the western side of Swanston-street with the southern side of Flinders-street and proceeding thence for ninety feet in a straight line bearing south twenty-eight degrees east along the western side of Swanston-street; thence for seventy-nine feet and two-tenths of a foot in a straight line bearing south sixty-two degrees west to the eastern boundary of land belonging to the Victorian Railways Commissioners; thence for ninety feet in a straight line bearing north twenty-eight degrees west to the southern side of Flinders-street and bounded on the west by the aforesaid land belonging to the Victorian Railways Commissioners; thence for seventy-nine feet and two-tenths of a foot in a line bearing north sixty-two degrees east along the said southern side of Flinders-street to the commencing point, and containing an area of twenty-six perches and two-tenths of a perch more or less.
III.Commencing at a point on the western side of Swanston-street being the south-eastern angle of the Fishmarket Reserve and proceeding thence for five chains fifty-four links more or less in a straight line bearing south twenty-eight degrees east to the northern bank of the River Yarra; thence for one chain twenty links more or less in a straight line bearing westerly along the said northern bank of the River Yarra to the eastern boundary of land belonging to the Victorian Railways Commissioners; thence for five chains twenty-four links more or less in a straight line bearing north twenty-eight degrees west to the south-western angle of the said Fishmarket Reserve, and bounded on the west by the said land of the Victorian Railways Commissioners; thence for seventy-nine feet and two-tenths of a foot in a straight line bearing north sixty-two degrees east along the southern boundary of the said Fishmarket Reserve to the commencing point, and containing an area of two roods twenty-three perches more or less.
IV.Commencing at the intersection of the southern side of Flinders-street with the eastern side of Swanston-street and proceeding thence in a straight line bearing north sixty-two degrees east along the said south side of Flinders-street to the north-western angle of land belonging to the Victorian Railways Commissioners; thence for five chains seventy-seven links more or less in a straight line bearing south twenty-eight degrees east to the northern side of the Yarra Bank-road and bounded on the east by the said property of the Victorian Railways Commissioners; thence for one chain sixty-two links more or less in a straight line bearing westerly along the said road to the eastern side of Swanston-street; thence for five chains twenty links more or less in a straight line bearing north twenty-eight degrees west along the said eastern side of Swanston-street to the commencing point, and containing an area of three roods eleven perches more or less.
V.Commencing at a point on the southern side of Flinders-street in a line with the eastern side of Stephen-street and proceeding thence for three chains forty links in a straight line bearing south twenty-eight degrees east and bounded on the east by land vested in the Victorian Railways Commissioners; thence for six chains seventy-eight links more or less in a straight line bearing westerly and for thirty-six links in another straight line bearing north-westerly to the south side of Flinders-street aforesaid and bounded on the south and south-west by land vested in the Victorian Railways Commissioners; thence for six chains fifteen links more or less in a straight line bearing north sixty-two degrees east along the said south side of Flinders street to the commencing point, and containing an area of one acre and sixteen perches more or less.
VI.Commencing at a point on the western side of the Jolimont-road being the intersection of the northern boundary of land the freehold property of the Victorian Railways Commissioners and proceeding thence for fourteen chains thirty links more or less in a north-westerly direction along the said northern boundary of freehold land to the south-eastern angle of other land belonging to the Victorian Railways Commissioners; thence for five chains twenty-eight links more or less in a straight line bearing north twenty-eight degrees west and in line with the west side of Spring-street to the intersection of the southern fence of the ground occupied by the Victorian Militia Engineers; thence for nineteen chains six links in a south-easterly direction along the fences of the lands occupied by the said Engineer Corps the National Gymnasium and the East Melbourne Cricket Club to the west side of the Jolimont-road; thence for fifty links more or less in a straight line bearing south along the said west side of the Jolimont-road to the commencing point, and containing an area of three acres two roods more or less.
VII.Commencing at a point on the southern side of Wellington-parade south in a line with the western side of Spring-street and forming the north-eastern angle of land vested in the Victorian Railways Commissioners and proceeding thence for nine chains ten links more or less in an easterly direction along the said southern side of Wellington-parade south and the lands occupied respectively by the Victorian Militia Engineers and National Gymnasium to the north-western angle of the land occupied by the East Melbourne Cricket Club; thence for six chains eight links more or less in a southerly direction to the south-eastern angle of land occupied by the National Gymnasium; thence for nine chains twenty-four links more or less in a straight line in a north-westerly direction along the fenced southern boundary of lands occupied respectively by the National Gymnasium and Victorian Militia Engineers to the eastern boundary of land vested in the Victorian Railways Commissioners; thence for two chains thirty links more or less in a straight line bearing north twenty-eight degrees west along the said eastern boundary of land vested in the Victorian Railways Commissioners to the commencing point, and containing an area of three acres one rood eleven perches more or less, subject to the condition that the present occupiers shall not be disturbed until the land is actually required for railway purposes, of which the Commissioners shall be the sole judges, and until so required the revenue now derived from it (if any) by the Board shall continue to be received by the Board.
VIII.Commencing at the north-east angle of the ground occupied by the East Melbourne Cricket Club being the point of intersection of the southern side of Wellington-parade south by the western side of Jolimont-road and proceeding thence for eleven chains sixty links more or less in a straight line bearing south along the west side of the Jolimont-road to the south-eastern angle of the said land occupied by the East Melbourne Cricket Club; thence for fifteen chains ninety links more or less in a north-westerly and northerly direction along the fence boundaries of the said land occupied by the East Melbourne Cricket Club to the north-western angle thereof on the south side of Wellington-parade south and bounded on the south by land occupied by the Victorian Railways Commissioners and on the west by that occupied by the National Gymnasium; thence for seven chains seventy links more or less in a straight line bearing east along the said south side of Wellington-parade south to the commencing point, and containing six acres one rood twenty-nine perches more or less, subject to the conditions that the present occupiers shall not be disturbed until the land is actually required for railway purposes, of which the Commissioners shall be the sole judges, and until so required the revenue now derived from it (if any) by the Board shall continue to be received by the Board.
IX.Commencing on the west side of the Jolimont-road at its intersection with the northern boundary of the freehold land of the Victorian Railways Commissioners and proceeding thence for one chain sixty-eight links in a straight line bearing south-easterly to the intersection of the eastern side of the Jolimont-road with the northern side of another portion of freehold land belonging to the Victorian Railways Commissioners; thence for two chains forty-five links more or less in a straight line bearing south along the said east side of the Jolimont-road to its intersection with the south side of the said last-mentioned freehold railway land; thence for one chain sixty-eight links more or less in a straight line bearing north-westerly to the intersection of the west side of the Jolimont-road with the southern side of the first-mentioned freehold railway land; and thence for two chains forty-five links more or less in a straight line bearing north along the west side of the Jolimont-road to the commencing point, and containing an area of one rood nineteen perches more or less.
X.Commencing at the intersection of the west side of the Jolimont-road with the northern side of freehold land belonging to the Victorian Railways Commissioners and proceeding thence for fifty links more or less in a straight line bearing north along the said west side of the Jolimont-road; thence for one chain eighty-six links more or less in a straight line bearing south-easterly to the east side of the said Jolimont-road; thence for thirty links more or less in a straight line bearing south along the said east side of the Jolimont-road to the northern side of other freehold land belonging to the Victorian Railways Commissioners; thence for one chain sixty-eight links more or less in a straight line bearing north-westerly to the commencing point, and containing an area of fourteen perches more or less.
XI.Commencing at the intersection of the west side of the Jolimont-road with the southern side of freehold land belonging to the Victorian Railways Commissioners and proceeding thence for one chain sixty-eight links in a straight line bearing south-easterly to the intersection of the east side of Jolimont-road with the southern side of other freehold land belonging to the Victorian Railways Commissioners; thence for three chains eighteen links more or less in a straight line bearing south along the said east side of Jolimont-road; thence for one chain fifty-six links more or less in a straight line bearing north-westerly to the west side of the said Jolimont-road; thence for three chains eighty links in a straight line bearing north along the said west side of Jolimont-road to the commencing point, and containing an area of two roods two perches more or less.
With the proviso as to the portions of land described as numbers nine ten and eleven in this Schedule that the Commissioners shall provide and maintain for public use on and over the same and over the railway lines constructed thereon a footbridge and approaches thereto of not less breadth than the present footbridge in the line of the Jolimont-road.
XII.Commencing at a point on the Yarra Bank-road which is the south-west angle of freehold land belonging to the Victorian Railways Commissioners and proceeding thence for forty-seven chains more or less in a north-easterly and easterly direction along the southern boundary of the said freehold railway land to its intersection with the west side of the Jolimont-road; thence for three chains eighty links more or less in a straight line bearing south along the said west side of the Jolimont-road; thence for eighteen chains sixteen links more or less in a straight line bearing north-west to the north-east corner of the new Morgue site; thence for one chain fifty links north-westerly in a straight line along the northern boundary of the said new Morgue site to its north-west angle; thence for three chains seventy-two links more or less in a straight line north-westerly to the north-eastern angle of the Corporation Baths site; thence for one chain fifty links more or less north-westerly along the northern boundary of the said baths site to its north-west angle; and thence for nineteen chains thirty-two links more or less in a straight line still north-westerly to the commencing point, and containing an area of twenty acres more or less with a right-of-way when it may be required by the Railway Department over that portion of land lying between the south of the last-described line the western side of the Corporation Baths site and the northern side of the Yarra Bank-road, and also a right-of-way over a strip of land of one chain wide lying between the land hereinbefore described as No. 12 in this Schedule and the Yarra Bank-road and parallel to and adjoining the eastern boundary line of the new Morgue site.
XIII.Commencing at the intersection of the east side of the Jolimont-road with the southern side of freehold land belonging to the Victorian Railways Commissioners and proceeding thence for seven hundred and seventy feet in a straight line bearing south-easterly along the southern boundary of the said railway land; thence for six hundred and ninety-four feet more or less in a straight line bearing north-westerly to the said east side of Jolimont-road; thence for two hundred and ten feet more or less in a straight line bearing north along the said east side of Jolimont-road to the commencing point, and containing an area of one acre two roods twenty-six perches more or less.
XIV.Commencing at the intersection of the east side of the Jolimont-road with the northern boundary of freehold land the property of the Victorian Railways Commissioners and proceeding thence for thirty links more or less in a straight line bearing north along the said east side of Jolimont-road; thence for one chain sixty-five links more or less in a straight line bearing south-easterly to the northern boundary of the said railway land; thence for one chain fifty links in a straight line bearing north-westerly along the said northern boundary of railway land to the commencing point, and containing an area of three and a quarter perches more or less.
XV.Commencing at the intersection of the north side of the Footscray-road with the eastern side of the cut channel of the Moonee Ponds Creek and proceeding thence for four chains more or less in a northerly direction along the eastern bank of the said creek channel; thence for eleven chains thirty-six links more or less in a straight line bearing easterly to the fenced line of present Railway Reserve forming the western side of the approach to the old level crossing over the main line of railway to the north-west of the North Melbourne station; thence for eleven chains twenty links more or less southerly and westerly along the said fence and the north side of the Footscray-road to the commencing point, and containing an area of two acres three roods and sixteen perches more or less. This land to be held and used for the purposes of the Department of the Postmaster-General.
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THE SECOND SCHEDULE
I.Commencing at a point on the eastern side of Spencer-street forming the north-western angle of allotment 7 section 1A Melbourne and proceeding thence for two chains forty links more or less in a straight line bearing north twenty-eight degrees west along the eastern side of Spencer-street aforesaid to its intersection with the southern side of Flinders-street one and a half chains wide; thence for ten chains more or less in a straight line bearing north sixty-two degrees east along the said southern side of Flinders-street one and a half chains wide to the intersection of the western side of King-street; thence for three chains thirty links more or less in a straight line bearing south twenty-eight degrees east along the western side of King-street aforesaid to its intersection with the northern side of the new street formed by the Melbourne Harbour Trust along the Queen's Wharf; thence for four chains seventy-eight links more or less in a straight line bearing south-westerly along the north side of the said new street to the eastern boundary of allotment 3 section 1A aforesaid; thence for two chains twenty-two links more or less in a straight line bearing north twenty-eight degrees west along the said eastern boundary of allotment 3 section 1A to the north-eastern angle thereof; thence for six chains more or less in a straight line bearing south sixty-two degrees west along the northern boundary of the said section 1A to the commencing point, and containing an area of three acres and thirty-four perches more or less, excepting therefrom so much as shall be required for the proposed Flinders-street Viaduct Railway authorized by Act 48 Victoria No. 821.
II.Commencing at a point on the eastern side of Spencer-street being the north-western angle of allotment 7 section 1A Melbourne and proceeding thence for six chains more or less in a straight line bearing north sixty-two degrees east along the northern boundary of the said section to the north-eastern angle of allotment 3 thereof; thence for two chains twenty-two links more or less in a straight line bearing south twenty-eight degrees east to the intersection of the northern side of the new street formed by the Melbourne Harbour Trust along the Queen's Wharf; thence for six chains fourteen links more or less in a south-westerly direction along the northern side of the said new street to the intersection of the eastern side of Spencer-street aforesaid; thence for three chains sixty-two links more or less in a straight line bearing north twenty-eight degrees west along the said eastern side of Spencer-street to the commencing point, and containing an area of one acre three roods seven perches more or less, excepting therefrom so much as shall be required for the proposed Flinders-street Viaduct Railway authorized by Act 48 Victoria No. 821.
III.Commencing at a point being the intersection of the southern side of Flinders-street one chain fifty links wide with the eastern side of King-street and proceeding thence for six chains sixty links more or less in a straight line bearing north sixty-two degrees east along the said southern side of Flinders-street one chain fifty links wide to the intersection of the northern side of the new street constructed by the Melbourne Harbour Trust along the Queen's Wharf; thence for seven chains twelve links more or less in a south-westerly direction along the northern side of the said new street to the intersection of the eastern side of King-street aforesaid; thence for two chains eighty links more or less in a straight line bearing north twenty-eight degrees west along the eastern side of King-street to the commencing point, and containing an area of three roods thirty-five perches more or less, excepting therefrom so much as shall be required for the proposed Flinders-street Viaduct Railway authorized by Act 48 Victoria No. 821, with the proviso that the Council shall be entitled to the use of the spaces under the Flinders-street Viaduct Railway mentioned in the description of portions of land numbered one two and three in this Schedule subject to railway requirements.
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V.Commencing at the intersection of the south-eastern side of Lonsdale-street with the north-eastern side of Spencer-street and proceeding thence for five chains more or less in a straight line bearing north sixty-two degrees east along the said south-eastern side of Lonsdale-street; thence for four chains seventy-five links more or less in a straight line bearing south twenty-eight degrees east to the north-western side of Little Bourke-street; thence for five chains more or less in a straight line bearing south sixty-two degrees west along the said north-western side of Little Bourke-street to its intersection with the north-eastern side of Spencer-street; thence for four chains seventy-five links more or less in a straight line bearing north twenty-eight degrees west along the north-eastern side of Spencer-street to the commencing point, and containing an area of two acres one rood twenty perches more or less.
VI.Commencing at the intersection of the south side of Victoria-street with the north side of Therry-street and proceeding thence in a straight line bearing westerly along the north side of Therry-street to Elizabeth-street; thence in a straight line bearing northerly along the eastern side of Elizabeth-street in line with the eastern side of Leicester-street one hundred and fifty-one feet; thence by a line bearing easterly twenty-five feet three inches; thence by a line northerly thirty-two feet to a point on the southern side of Victoria-street distant twenty-nine feet eight inches from the south-eastern corner of Victoria-street and Elizabeth-street; thence easterly along the southern side of Victoria-street three hundred and twenty-four feet six inches to the commencing point, and containing an area of two roods twenty-three perches and seven-tenths of a perch mere or less.
VII.Commencing at a point on the western side of Spencer-street formed by the intersection of the production westerly of the northern side of Flinders-street and proceeding thence for thirty-two links more or less in a straight line bearing south twenty-eight degrees east; thence for three chains six links more or less in a straight line bearing south-westerly to the intersection of the production westerly of the southern side of Flinders-street one and a half chains wide; thence for nineteen chains twelve links more or less in a straight line bearing south sixty-two degrees west being a production westerly of the said south side of Flinders-street to the intersection of the fenced line forming the southernmost boundary of the Spencer-street Railway Reserve; thence for three chains thirty-six links more or less in a straight line bearing westerly along the said Railway Reserve boundary; thence for twenty-four chains ninety links more or less in a straight line bearing north sixty-two degrees east being a production westerly of the said northern side of Flinders-street to the commencing point, and containing three acres one rood seven perches more or less.
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ENDNOTES
1. General Information
The Railway Melbourne Lands Exchange Act 1888 was assented to on 22 December 1888 and came into operation on 22 December 1888.
2. Table of Amendments
This Version incorporates amendments made to The Railway Melbourne Lands Exchange Act 1888 by Acts and subordinate instruments.
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The Railway Melbourne Lands Exchange Act 1889, No. 1054/1889
Assent Date: 25.11.1889 Commencement Date: 25.11.1889 Current State: All of Act in operation
Melbourne Harbor Trust Act 1890 (No. 2), No. 1182/1890
Assent Date: 19.12.1890 Commencement Date: 19.12.1890 Current State: All of Act in operation
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3. Explanatory Details
No entries at date of publication.
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