Untitled document
Melbourne and Olympic Parks Amendment Act 2007
No. 62 of 2007
table of provisions
Section Page
1Purpose
2Commencement
3Principal Act
4Purposes of the Principal Act
5Amendment of definitions
6Powers and functions
7New section 6A inserted
6ATrust is committee of management under the Crown Land (Reserves) Act 1978 for Gosch's Paddock
8Further powers
9New sections 7A and 7B inserted
7AMinister must approve carrying out of certain functions
7BConflict of powers
10New section 16G inserted
16GReporting
11Regulations
12New Part 5A inserted
Part 5A—Further National Tennis Centre Land
30AFlinders Park land
30BClosure of road
30CReservation of land—former part of Flinders Park
30DFormer VicTrack land
30EThrowing cages and adjacent land
30FObligations of Registrar of Titles
13New sections 31C and 31D inserted
31CReserved Army Barracks land
31DClosure of road and reservation of Army Barracks land
14New Part 6A inserted
Part 6A—Gosch's Paddock
32ARoad closure—Gosch's Paddock
32BGosch's Paddock
15New section 34 inserted
34Certain leases and licences not affected
16New Parts 6 to 14 of the Schedule inserted
17Statute law revision
18Repeal of Act
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Endnotes
Melbourne and Olympic Parks Amendment Act 2007
No. 62 of 2007
[Assented to 4 December 2007]
The Parliament of Victoria enacts:
1Purpose
The main purpose of this Act is to amend the Melbourne and Olympic Parks Act 1985 to provide for—
(a)the revocation of reservations of certain lands and the reservation of certain lands to consolidate the land management arrangements in the Melbourne and Olympic Parks precinct; and
(b)the permanent reservation of Gosch's Paddock as a public park; and
(c)the management of Gosch's Paddock by the Trust as a committee of management under the Crown Land (Reserves) Act 1978.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3Principal Act
In this Act, the Melbourne and Olympic Parks Act 1985 is called the Principal Act.
4Purposes of the Principal Act
(1)In section 3(d) of the Principal Act, for "Olympic Park." substitute "Olympic Park; and".
(2)After section 3(d) of the Principal Act insert—
"(e)to provide for the management of Gosch's Paddock by the Trust as a committee of management under the Crown Land (Reserves) Act 1978.".
5Amendment of definitions
(1)In section 4 of the Principal Act, insert the following definitions—
"Central Plan Office means the Central Plan Office of the Department of Sustainability and Environment;
Gosch's Paddock means the land reserved under section 32B;".
(2)In section 4 of the Principal Act, for the definition of national tennis centre land substitute—
"national tennis centre land means—
(a)the land excised under sections 23, 24 and 25; and
(b)the land reserved under sections 25A, 25B, 25C, 25D, 25E and 25F; and
(c)the land reserved under section 30A; and
(d)the land reserved under section 30C; and
(e)the land reserved under section 30D; and
(f)the land reserved under section 30E;".
(3)In section 4 of the Principal Act, for the definition of Olympic Park land substitute—
"Olympic Park land means—
(a)so much of the land that is described in Part 5 of the Schedule as is shown in the plan numbered LEGL./00–24 lodged in the Central Plan Office as—
(i)parcels A, B and C; and
(ii)a sport recreation and entertainment reserve; and
(b)the land reserved under section 31C; and
(c)the land reserved under section 31D;".
6Powers and functions
(1)After section 6(1)(f) of the Principal Act insert—
"(fa)to be the committee of management under the Crown Land (Reserves) Act 1978 for Gosch's Paddock; and".
(2)In section 6(1)(h) of the Principal Act, after "under" insert "this Act or".
(3)In section 6(1A) of the Principal Act for "or Olympic Park" substitute ", Olympic Park or Gosch's Paddock".
7New section 6A inserted
After section 6 of the Principal Act insert—
"6A Trust is committee of management under the Crown Land (Reserves) Act 1978 for Gosch's Paddock
On the publication of an Order under section 32B, the Trust is deemed to be the committee of management of Gosch's Paddock appointed under the Crown Land (Reserves) Act 1978.".
8Further powers
(1)In section 7(b) of the Principal Act, after "facilities" (where first occurring) insert
"(except Gosch's Paddock)".(2)In section 7(e) of the Principal Act, after "the Trust" (where twice occurring) insert "(except for Gosch's Paddock)".
(3)At the foot of section 7(e) of the Principal Act insert—
"Note
The Trust is a committee of management under the Crown Land (Reserves) Act 1978 for Gosch's Paddock.".
(4)In section 7(f) of the Principal Act for "enter into" substitute "subject to paragraph (fa), enter into".
(5)After section 7(f) of the Principal Act insert—
"(fa)in the case of Gosch's Paddock, subject to the Crown Land (Reserves) Act 1978 and any regulations made under that Act, enter into contracts, agreements or arrangements for the carrying out of its functions in respect of Gosch's Paddock;".
(6)At the end of section 7 of the Principal Act insert—
"(2)Despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act and subject to subsection (3), the Trust may grant licences for a period of not more than 21 years for the use of the whole or any part of Gosch's Paddock for purposes that are not substantially detrimental to the reservation of Gosch's Paddock as a public park.
(3)The Trust must not grant a licence under subsection (2) unless—
(a)the Minister has given his or her written approval to the granting of the licence; and
(b)the Minister administering the Crown Land (Reserves) Act 1978 has given approval in accordance with that Act as if the licence were a licence granted under that Act and the approval is in force.
(4)The Trust may grant permits for the use of the whole or any part of Gosch's Paddock for purposes that are not detrimental to the reservation of Gosch's Paddock as a public park.
(5)Despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Trust must not enter into any lease under that Act or any tenancy agreement under that Act in respect of Gosch's Paddock.".
9New sections 7A and 7B inserted
After section 7 of the Principal Act insert—
"7A Minister must approve carrying out of certain functions
(1)Despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Trust must not construct or carry out any works in Gosch's Paddock without the written approval of the Minister.
(2)The Minister must consult with the Minister administering the Crown Land (Reserves) Act 1978 before giving an approval under subsection (1).
(3)In this section works does not include—
(a)tents, marquees, shelters and other similar temporary structures; or
(b)non-commercial signage; or
(c)maintenance and repair of existing structures; or
(d)horticultural works and plantings; or
(e)works required to maintain public safety; or
(f)any other minor works.
7BConflict of powers
In respect of the management of Gosch's Paddock, subject to sections 7 and 7A, to the extent that there is any inconsistency between the powers and functions of the Trust under this Act and the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Crown Land (Reserves) Act 1978 prevails.".
10New section 16G inserted
After section 16F of the Principal Act insert—
"16G Reporting
In its report of operations for a financial year under Part 7 of the Financial Management Act 1994 the Trust must include information, as required by the Minister, on its performance in maintaining public access to Gosch's Paddock during that financial year.".
11Regulations
(1)In section 22(1) of the Principal Act—
(a)in paragraphs (a), (b) and (c), after "the Trust" insert "(except Gosch's Paddock)"; and
(b)in paragraph (d), after "works" insert "(except in Gosch's Paddock)".
(2)At the foot of section 22 of the Principal Act insert—
"Note
In relation to Gosch's Paddock, regulations may be made under the Crown Land (Reserves) Act 1978.".
12New Part 5A inserted
After Part 5 of the Principal Act insert—
"Part 5A—Further National Tennis Centre Land
30AFlinders Park land
(1)The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 6 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national tennis centre.
(3)On publication in the Government Gazette of an Order under this section—
(a)the Order in Council dated 9 June 1873 published in the Government Gazette dated 13 June 1873 at page 1058 is revoked to the extent that it applies to the land in the plan of survey; and
(b)Crown grant Volume 600 Folio 903 is revoked to the extent that it applies to the land in the plan of survey; and
(c)subject to paragraph (g), the land in the plan of survey is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(d)the Minister for Environment and Climate Change and the Melbourne City Council cease to be trustees of the land in the plan of survey; and
(e)the appointment of any committee of management of the land in the plan of survey is revoked to the extent that it relates to that land; and
(f)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land in the plan of survey; and
(g)the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the national tennis centre.
30BClosure of road
(1)The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 7 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may close any road on the land in the plan of survey.
(3)On the publication in the Government Gazette of an Order under this section—
(a)the land in the plan of survey ceases to be subject to the declaration published in Special Gazette No. 152 dated 15 October 1999 to the extent that the declaration applies to that land; and
(b)any land in the plan of survey that is a road ceases to be—
(i)a declared road within the meaning of the Transport Act 1983; and
(ii)a road open to and for use by the public for passage with vehicles; and
(iii)a highway within the meaning of the Road Safety Act 1986; and
(c)all rights, easements and privileges existing or claimed in the land referred to in paragraph (b) either in the public or by any person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.
(4)This section applies despite anything to the contrary in section 93H of the Melbourne City Link Act 1995.
30CReservation of land—former part of Flinders Park
(1)The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 8 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national tennis centre.
(3)On publication in the Government Gazette of an Order under this section, the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the national tennis centre.
(4)An Order under this section must not be made before an Order is made under section 30B.
30DFormer VicTrack land
(1)The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 9 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national tennis centre.
(3)On publication in the Government Gazette of an Order under this section, the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the national tennis centre.
30EThrowing cages and adjacent land
(1)The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 10 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey for public purposes, being, in particular, the purposes of the national tennis centre.
(3)On publication in the Government Gazette of an Order under this section—
(a)the Order in Council dated 9 June 1873 published in the Government Gazette dated 13 June 1873 at page 1059 is revoked to the extent that it applies to the land in the plan of survey; and
(b)Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to the land in the plan of survey; and
(c)the land in the plan of survey ceases to be subject to the reservation referred to in section 253C of the Transport Act 1983 to the extent that the reservation applies to that land; and
(d)subject to paragraph (h) and section 34, the land in the plan of survey is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(e)the Minister for Environment and Climate Change and the Melbourne City Council cease to be trustees of the land in the plan of survey; and
(f)the appointment of any committee of management of the land in the plan of survey is revoked to the extent that it relates to that land; and
(g)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land in the plan of survey; and
(h)the land in the plan of survey is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the national tennis centre.
30FObligations of Registrar of Titles
The Registrar of Titles must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.
__________________".
13New sections 31C and 31D inserted
After section 31B of the Principal Act insert—
"31C Reserved Army Barracks land
(1)The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 11 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of sport, recreation and entertainment.
(3)On publication in the Government Gazette of an Order under this section—
(a)the Order in Council dated 29 October 2002, published in Special Gazette No. 194 dated 29 October 2002, page 1 is revoked to the extent that it applies to the land in the plan of survey; and
(b)subject to paragraph (e) and subsection (4), the land in the plan of survey to a depth of 10 metres from the surface is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(c)the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(d)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and
(e)the land in the plan of survey to a depth of 10 metres from the surface is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of sport, recreation and entertainment.
(4)Nothing in this section affects the status or continuity of any easement created under section 339B of the Land Act 1958 and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.
31DClosure of road and reservation of Army Barracks land
(1)The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 12 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of sport, recreation and entertainment.
(3)On publication in the Government Gazette of an Order under this section—
(a)the land in the plan of survey ceases to be subject to the declaration published in Special Gazette No. 200 dated 21 December 2000 to the extent that the declaration applies to that land; and
(b)any land in the plan of survey to a depth of 10 metres from the surface that is a road ceases to be—
(i)a declared road within the meaning of the Transport Act 1983; and
(ii)a road open to and for use by the public for passage with vehicles; and
(iii)a highway within the meaning of the Road Safety Act 1986; and
(c)subject to subsection (4), all rights, easements and privileges existing or claimed in the land referred to in paragraph (b) either in the public or by any person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and
(d)the land in the plan of survey to a depth from the surface of 10 metres is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of sport, recreation and entertainment.
(4)Nothing in this section affects the status or continuity of any easement created under section 339B of the Land Act 1958 and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.
(5)This section applies despite anything to the contrary in section 61 of the Melbourne City Link Act 1995.".
14New Part 6A inserted
After Part 6 of the Principal Act insert—
"Part 6A—Gosch's Paddock
32ARoad closure—Gosch's Paddock
(1)The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 13 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may close any road on the land in the plan of survey to a depth of 10 metres from the surface.
(3)On the publication in the Government Gazette of an Order under this section—
(a)the land in the plan of survey to a depth of 10 metres from the surface ceases to be subject to the declaration published in Special Gazette No. 200 dated 21 December 2000 to the extent that the declaration applies to that land; and
(b)any land in the plan of survey to a depth of 10 metres from the surface that is a road ceases to be—
(i)a declared road within the meaning of the Transport Act 1983; and
(ii)a road open to and for use by the public for passage with vehicles; and
(iii)a highway within the meaning of the Road Safety Act 1986; and
(c)subject to subsection (4), all rights, easements and privileges existing or claimed in the land referred to in paragraph (b) either in the public or by any person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.
(4)Nothing in this section affects the status or continuity of any easement created under section 339B of the Land Act 1958 and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.
(5)This section applies despite anything to the contrary in section 61 of the Melbourne City Link Act 1995.
32BGosch's Paddock
(1)The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched and the land shown cross-hatched on the plan in Part 14 of the Schedule, or those lands as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of a public park.
(3)On publication in the Government Gazette of an Order under this section—
(a)the Order in Council dated 9 June 1873 published in the Government Gazette dated 13 June 1873 at page 1059 is revoked to the extent that it applies to the land in the plan of survey; and
(b)Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to the land in the plan of survey; and
(c)subject to paragraph (g), subsection (4) and section 34, the land in the plan of survey to a depth of 10 metres from the surface is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(d)the Minister for Environment and Climate Change and the Melbourne City Council cease to be trustees of any land in the plan of survey; and
(e)the appointment of any committee of management is revoked to the extent that it relates to the land in the plan of survey; and
(f)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land in the plan of survey; and
(g)the land in the plan of survey to a depth from the surface of 10 metres is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of a public park.
(4)Nothing in this section affects the status or continuity of any easement created under section 339B of the Land Act 1958 and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.
(5)An Order under this section must not be made before an Order is made under section 32A.
__________________".
15New section 34 inserted
After section 33 of the Principal Act insert—
"34 Certain leases and licences not affected
(1)Nothing in section 30E affects the status or continuity of any lease or licence which is in existence immediately before the date of publication in the Government Gazette of an Order under that section over any land to which that Order applies.
(2)Nothing in section 32B affects the status or continuity of any lease or licence which is in existence immediately before the date of publication in the Government Gazette of an Order under that section over any land to which that Order applies.
(3)A lease or licence referred to in subsection (1) or (2) has effect from the publication of the relevant Order—
(a)as a lease or licence between the Trust as lessor or licensor and the lessee or licensee for the time being under the lease or licence, as if it had been assigned to the Trust; and
(b)as if it referred to the Trust instead of the lessor or licensor.
(4)Nothing done by virtue of this section is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of the lease or licence.
(5)In this section lease includes an agreement, option to renew or other interest arising under or in relation to a lease (whether or not the lease has expired) and an interest in the nature of a lease.".
16New Parts 6 to 14 of the Schedule inserted
In the Schedule to the Principal Act, after Part 5 insert—
"Part 6
Part 7
Part 8
Part 9
Part 10
Part 11
Part 12
Part 13
Part 14
".
17Statute law revision
(1)In section 7(e)(ii) of the Principal Act omit "for".
(2)In section 16D(1) of the Principal Act, for "Secretary" substitute "Chief Executive Officer".
(3)In section 16E of the Principal Act, for "Secretary" (where twice occurring) substitute "Chief Executive Officer".
18Repeal of Act
This Act is repealed on the first anniversary of its commencement.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 11 October 2007
Legislative Council: 1 November 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the Melbourne and Olympic Parks Act 1985 to provide for the revocation of reservations of certain lands and the reservation of certain lands, to provide for the permanent reservation of certain lands as a public park, to provide for the management of certain lands and for other purposes."
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