Warragul (Public Park) Lands Act 1967 (Vic)

Version No. 001

Warragul (Public Park) Lands Act 1967

Act No. 7526/1967

Version incorporating amendments as at 21 August 2001

table of provisions

Section  Page

1.Short title

2.Definition

3.Revocation of Order in Council

4.Appointment of Committee of Management of lands in First Schedule

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SCHEDULES

SCHEDULE 1

SCHEDULE 2

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Warragul (Public Park) Lands Act 1967

Act No. 7526/1967

Version incorporating amendments as at 21 August 2001

An Act relating to certain Lands at Warragul permanently reserved as a Site for Public Park and Garden, and to authorize the Granting of Leases of a certain Part thereof and for other purposes.

Preamble

WHEREAS by an Order in Council dated 12th March, 1889[1] certain Crown lands at Warragul were permanently reserved as a site for a public park and garden:

AND WHEREAS the Council of the Shire of Warragul was appointed committee of management of the said lands by the Board of Land and Works on 6th May, 1889[2]:

AND WHEREAS it is desired to add certain portions of land to the area permanently reserved by the said Order in Council and to remove other portions from the said reservation and to vary the purposes for which the land may be used and it is therefore expedient to revoke the said Order in Council and to reserve permanently the lands described in the First Schedule as a site for a public park and garden and for recreation and camping purposes:

AND WHEREAS it is expedient to appoint the corporation of the council of the Shire of Warragul committee of management of the said lands described in the First Schedule and to authorize it to grant leases of that part of the said lands indicated in the Second Schedule:

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 be cited as the Warragul (Public Park) Lands Act 1967.

2.Definition

In this Act unless inconsistent with the context or subject-matter—

"council" means the corporation of the council of the Shire of Warragul.

3.Revocation of Order in Council

(1)The hereinbefore recited Order in Council dated 12th March, 1889, and any other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the lands to which the said Order in Council relates are hereby revoked.

(2)The lands described in the First Schedule shall be deemed to be unalienated lands of the Crown freed and discharged from all trusts encumbrances reservations restrictions and limitations and from every estate and interest therein and shall be deemed to be permanently reserved under the Land Act 1958 as a site for a public park and garden and for recreation and camping purposes.

4.Appointment of Committee of Management of lands in First Schedule

(1)Any previous appointment of a committee of management of the lands described in the First Schedule or of any part thereof is hereby revoked and the council is hereby appointed committee of management of the said lands.

(2)The rules and regulations made under the Land Act 1958 or any other corresponding previous enactment on 22nd January, 1952[3], 11th February, 1955[4] and 8th February, 1965[5], in respect of the lands permanently reserved by the said Order in Council dated 12th March, 1889 shall apply to the lands described in the First Schedule.

(3)Notwithstanding anything in any Act and upon submission to the Minister of a plan or plans of survey signed by the Surveyor-General corresponding as nearly as practicable with the plan showing the area of 1 acre 2 roods more or less indicated by black hatching in the Second Schedule and upon the Minister being satisfied that the plan or plans do so correspond the council as committee of management may from time to time grant leases of the land shown in the said plan or plans of survey for the purposes of a bowling club for amusement and recreation and for amenities connected therewith.

(4)A lease under this section—

(a)shall be subject to such covenants conditions exceptions and reservations as the council thinks fit;

(b)shall be for a term not exceeding twenty-one years;

(c)shall if the term exceeds three years be subject to approval by the Governor in Council.

(5)The moneys received by way of rent under any lease granted under this section shall be applied by the council towards the maintenance and improvement of the whole or any part of the said lands described in the First Schedule and not leased under this Act or for such other purpose as the Minister in any particular case approves.

(6)No person or body of persons whosoever or whatsoever shall be entitled to receive or shall receive from the Crown any money or consideration by way of compensation in respect of or in any manner whatsoever arising out of any act matter or thing under this section.

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SCHEDULES

FIRST SCHEDULE

Lands, to be deemed to be permanently reserved under the Land Act 1958 as a site for a public park and garden and for recreation and camping purposes.

33 acres 3 roods 17 perches, more or less, Township of Warragul, Parish of Drouin East, County of Buln Buln:

Commencing at the south angle of allotment 15, section 10; bounded thence by that allotment bearing 44° 53' 180⁸/₁₀ links; by the site temporarily reserved for Railway purposes by Order in Council of the 5th November, 1888, bearing 134° 53' 2570⁶/₁₀ links; by lines bearing 134° 53' 53 links,

102° 12' 1186³/₁₀ links and 110° 4' 452³/₁₀ links; by a road bearing 176° 47' 169³/₁₀ links, 206° 16' 753⁷/₁₀ links and 199° 47' 644⁷/₁₀ links,

and thence by Bourke-street bearing 305° 0' 1471⁵/₁₀ links and

326° 19' 3288 links to the point of commencement.

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SECOND SCHEDULE

Land, being part of the lands described in the First Schedule in respect of which subject to survey the council as committee of management thereof may grant leases for the purposes of a bowling club for amusement and recreation and for amenities connected therewith.

1 acre 2 roods, more or less, Township of Warragul, Parish of Drouin East, County of Buln Buln, indicated by black hatching on the plan hereunder:

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ENDNOTES

1.     General Information

The Warragul (Public Park) Lands Act 1967 was assented to on 15 March 1967 and came into operation on 15 March 1967.

2.     Table of Amendments

This Version incorporates amendments made to the Warragul (Public Park) Lands Act 1967 by Acts and subordinate instruments.

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Conservation, Forests and Lands Act 1987, No. 41/1987

Assent Date:	19.5.87
Commencement Date:	S. 103(Sch. 4 item 72.1) on 1.7.87: Government Gazette 24.6.87 p. 1694
Current State:	This information relates only to the provision/s amending the Warragul (Public Park) Lands Act 1967

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3.     Explanatory Details

[1] Preamble: Government Gazette 15 March 1889 page 945.

[2] Preamble: Government Gazette 10 May 1889 page 1544.

[3] S. 4(2): Government Gazette 30 January 1952 page 398.

[4] S. 4(2): Government Gazette 16 February 1955 page 723.

[5] S. 4(2): Government Gazette 17 February 1965 page 348.