Yarraville (Recreation Ground) Lands Act 1967 (Vic)

Version No. 001

Yarraville (Recreation Ground) Lands Act 1967

Act No. 7613/1967

Version incorporating amendments as at 21 August 2001

table of provisions

Section  Page

1.Short title

2.Definition

3.Revocation of Orders 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

Yarraville (Recreation Ground) Lands Act 1967

Act No. 7613/1967

Version incorporating amendments as at 21 August 2001

An Act relating to Certain Lands at Yarraville, in the City of Footscray, Parish of Cut-paw-paw, and to authorize the Granting of Leases of a Certain Part thereof and for other purposes.

Preamble

WHEREAS by an Order in Council dated 7th May, 1889, certain Crown lands at Yarraville were permanently reserved as a site for public recreation:

AND WHEREAS by an Order in Council dated 14th June, 1921[1], certain other Crown lands at Yarraville were temporarily reserved as a site for recreation purposes:

AND WHEREAS the Council of the City of Footscray was appointed committee of management of the said lands by the Board of Land and Works on 28th June, 1928[2];

AND WHEREAS it is desired to add certain portions of land to the areas reserved by the said Orders in Council and to remove a portion from the said reservation by Order in Council of 7th May, 1889[3] and it is therefore expedient to revoke the said Orders in Council and to reserve permanently the lands described in the First Schedule as a site for recreation purposes:

AND WHEREAS it is expedient to appoint the corporation of the municipality of Footscray 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 described 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 Yarraville (Recreation Ground) Lands Act 1967.

2.Definition

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

"corporation" means the corporation of the municipality of Footscray.

3.Revocation of Orders in Council

(1)The hereinbefore recited Orders in Council dated 7th May, 1889 and 14th June, 1921, 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 Orders in Council relate are hereby revoked.

(2)The lands described in the First Schedule shall be deemed to be unalientated 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 recreation 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 herby revoked and the corporation is hereby appointed committee of management of the said lands.

(2)The rules and regulations made under the Land Act 1928 on 14th November, 1928[4], and 11th November, 1942[5], in respect of the lands reserved by the said Orders in Council dated 7th May, 1889, and 14th June, 1921, shall apply to the lands described in the First Schedule.

(3)Notwithstanding anything in any Act the corporation as committee of management may from time to time grant leases of the land containing an area of 22 perches more or less described in the Second Schedule for the purposes of club rooms 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 corporation thinks fit;

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

(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 corporation 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 recreation purposes:

Six acres 3 roods 23 perches, more or less, at Yarraville, City of Footscray, Parish of Cut-paw-paw, County of Bourke, indicated by black hatching and cross-hatching on the plan hereunder:

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SECOND SCHEDULE

Land, being part of the lands described in the First Schedule in respect of which the corporation as committee of management thereof may grant leases for the purposes of club rooms for amusement and recreation and for amenities connected therewith:

Twenty-two perches, more or less, at Yarraville, City of Footscray, Parish of Cut-paw-paw, County of Bourke, indicated by black cross-hatching on the plan in the First Schedule.

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ENDNOTES

1.     General Information

The Yarraville (Recreation Ground) Lands Act 1967 was assented to on 12 December 1967 and came into operation on 12 December 1967.

2.     Table of Amendments

This Version incorporates amendments made to the Yarraville (Recreation Ground) Lands Act 1967 by Acts and subordinate instruments.

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Yarraville (Recreation Ground) Lands (Amendment) Act 1972, No. 8296/1972

Assent Date:	3.10.72
Commencement Date:	3.10.72
Current State:	All of Act in operation

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

Assent Date:	19.5.87
Commencement Date:	S. 103(Sch. 4 item 78.1) on 1.7.87: Government Gazette 24.6.87 p. 1694
Current State:	This information relates only to the provision/s amending the Yarraville (Recreation Ground) Lands Act 1967

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3.     Explanatory Details

[1] Preamble: Government Gazette 10 May 1889 page 1543.

[2] Preamble: Government Gazette 22 June 1921 page 2489.

[3] Preamble: Government Gazette 4 July 1928 page 1826.

[4] S. 4(2): Government Gazette 21 November 1928 pages 3085, 3086.

[5] S. 4(2): Government Gazette 18 November 1942 page 4005.