Untitled document

Melbourne and Olympic Parks (Amendment) Act

1998

Act No. 42/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Amendment of definition	2
5.	New sections 25E and 25F inserted	2

25E.	Power to excise additional area from Yarra Park	2
25F.	Power to excise additional area from Public Park Reserve	3

6.        No compensation payable and limitation of Supreme Court's

jurisdiction 4
7.	Obligations of Registrar of Titles 5
8.	New Part 4A inserted into Schedule 5

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NOTES 6

i

Victoria

No. 42 of 1998

Melbourne and Olympic Parks

(Amendment) Act 1998†

[Assented to 26 May 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Melbourne and Olympic Parks Act 1985 to provide for the revocation of reservations of

certain lands and to provide for the re-reservation

of those lands.

2. Commencement

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

Melbourne and Olympic Parks (Amendment) Act 1998

Act No. 42/1998 s. 3

3. Principal Act

In this Act, the Melbourne and Olympic Parks	No. 10206. Reprint No. 2
Act 1985 is called the Principal Act.	as at 12 March 1998.

4. Amendment of definition

In section 4 of the Principal Act, in the definition of "national tennis centre land", for "and 25D" substitute ", 25D, 25E and 25F".

5. New sections 25E and 25F inserted

After section 25D of the Principal Act insert—

'25E. Power to excise additional area from Yarra

Park

(1) The Minister administering the Crown Land

(Reserves) Act 1978 upon—

(a)	receiving a plan of survey of a portion of the land known as Yarra Park signed by the Surveyor-General; and
(b)	being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown cross-hatched in the plan in Part 4A of the Schedule—

may recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land

known as Yarra Park.

(2) Upon receiving the Minister's

recommendation, the Governor in Council
may, by proclamation published in the
Government Gazette, revoke the Order in
Council of 9 June 1873 and Crown grant
Volume 600 Folio 119902 so far as they

Melbourne and Olympic Parks (Amendment) Act 1998

s. 5 Act No. 42/1998

relate to the land shown on the plan of

survey.

(3) Upon publication of the proclamation under

sub-section (2) in the Government Gazette—

(a) unalienated Crown land, freed and
discharged from all trusts, limitations,
reservations, restrictions,

the land reverts to the Crown as licences, estates and interests; and

(b) the land 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) For the purposes of this section "the land

known as Yarra Park" means the land the
title particulars of which are described in
paragraph 2 of Part 1 of the Schedule, except
that the reference to Part II in that paragraph
is deemed to be a reference to Part 4A.

25F. Power to excise additional area from Public

Park Reserve

(1) The Minister administering the Crown Land

(Reserves) Act 1978 upon—

(a)	receiving a plan of survey of a portion of the land known as Public Park Reserve signed by the Surveyor- General; and
(b)

being satisfied that the land described nearly as practicable with the land shown hatched in the plan in Part 4A of the Schedule—

Melbourne and Olympic Parks (Amendment) Act 1998

Act No. 42/1998 s. 6

may recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land

known as Public Park Reserve.

(2) Upon receiving the Minister's

recommendation, the Governor in Council Council of 13 September 1950 so far as it relates to the land shown on the plan of survey.

may, by proclamation published in the

(3) Upon publication of the proclamation under

sub-section (2) in the Government Gazette—

(a) unalienated Crown land, freed and
discharged from all trusts, limitations,
reservations, restrictions,

the land reverts to the Crown as licences, estates and interests; and

(b)

the land 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) For the purposes of this section "the land

land the title particulars of which are
described in paragraph 3 of Part 1 of the

known as Public Park Reserve" means the in that paragraph is deemed to be a reference to Part 4A.'.

6.  No compensation payable and limitation of Supreme Court's jurisdiction

(1) In section 26 of the Principal Act, after "25D"

insert "and sections 25E and 25F".
Melbourne and Olympic Parks (Amendment) Act 1998

s. 7 Act No. 42/1998

(2) In section 26A of the Principal Act, at the end of

that section insert—
"(2) It is the intention of section 26 as amended

by the Melbourne and Olympic Parks (Amendment) Act 1998 to alter or vary section 85 of the Constitution Act 1975.".

7. Obligations of Registrar of Titles

In section 28 of the Principal Act, for "and 25D" substitute ", 25D, 25E and 25F".

8. New Part 4A inserted into Schedule

In the Schedule to the Principal Act, after Part 4 insert—

"PART 4A

".

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Melbourne and Olympic Parks (Amendment) Act 1998

Act No. 42/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 23 April 1998

Legislative Council: 13 May 1998

The long title for the Bill for this Act was "to amend the Melbourne and Olympic Parks Act 1985 to provide for the revocation of reservations of certain lands and the re-reservation of those lands and for other

purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 23 April 1998

Legislative Council: 13 May 1998

Absolute majorities:

Legislative Assembly: 12 May 1998

Legislative Council: 14 May 1998