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Land (Revocation of Reservations) Act 2016 No. 13 of 2016

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Albert Park land 3

3 Revocation of reservation—Albert Park land 34 Consequences of revocation—Albert Park land 35 Permanent reservation of Albert Park land 36 Preservation of lease—Albert Park land 4

Part 3—Ballarat North land 5

7 Revocation of reservation—Ballarat North land 58 Consequences of revocation—Ballarat North land 59 Preservation of lease—Ballarat North land 5

Part 4—Caulfield land 7

10 Revocation of reservation—Caulfield land 711 Consequences of revocation—Caulfield land 712 Permanent reservation of Caulfield land 713 Glen Eira City Council is committee of management 8

Part 5—Cobram land 9

14 Revocation of reservation—Cobram land 915 Consequences of revocation—Cobram land 9

Part 6—Flinders land 10

16 Revocation of reservation—Flinders land 1017 Consequences of revocation—Flinders land 10

Part 7—Waaia land 11

18 Revocation of reservation—Waaia land 1119 Consequences of revocation—Waaia land 11

Part 8—Wedderburn land 12

20 Revocation of reservation—Wedderburn land 1221 Consequences of revocation—Wedderburn land 12

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22 Temporary reservation of Wedderburn land 1223 Loddon Shire Council is committee of management 13

Part 9—General 14

24 Registrar of Titles to make amendments necessary for this Act 1425 Preservation of lease does not place parties in breach 14

Schedule 1—Land in respect of which reservations are revoked 15

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Endnotes 19

1 General information 19

Land (Revocation of Reservations) Act 2016†

No. 13 of 2016

[Assented to 5 April 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to revoke the permanent reservation of certain land at Albert Park and to provide that that land is taken to be permanently reserved for educational purposes; and

Victoria

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(b) to revoke part of the permanent reservation of certain land at Ballarat North; and

(c) to revoke the permanent reservation of certain land at Caulfield and to provide that that land is taken to be permanently reserved for public purposes, being in particular the purposes of a public park, gardens and recreation; and

(d) to revoke part of the permanent reservation of certain land at Cobram; and

(e) to revoke part of the permanent reservation of certain land at Flinders; and

(f) to revoke part of the permanent reservation of certain land at Waaia; and

(g) to revoke the permanent reservation of certain land at Wedderburn and to provide that that land is taken to be temporarily reserved for public purposes.

2 Commencement

(1) This Act, except Parts 2 and 6 and items 1 and 5 of Schedule 1, comes into operation on the day after the day on which it receives the Royal Assent.

(2) Subject to subsection (4), Part 2 and item 1 of Schedule 1 come into operation on a day to be proclaimed.

(3) Subject to subsection (4), Part 6 and item 5 of Schedule 1 come into operation on a day to be proclaimed.

(4) If a provision referred to in subsection (2) or (3) does not come into operation before 1 September 2016, it comes into operation on that day.

Section Page

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Part 2—Albert Park land3 Revocation of reservation—Albert Park land

The Order in Council specified in item 1 of Schedule 1 is revoked.

4 Consequences of revocation—Albert Park land

On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1 reserving the land described in that item—

(a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(c) the appointment of any trustee 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.

5 Permanent reservation of Albert Park land

On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1, the land described in that item is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for educational purposes.

Part 8—Wedderburn land

Land (Revocation of Reservations) Act 2016No. 13 of 2016

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6 Preservation of lease—Albert Park land

(1) Nothing done by this Part affects the status or continuity of the lease over part of the land described in item 1 of Schedule 1 that was entered into by Parks Victoria and State Orchestra of Victoria ACN 096 788 804 and that commenced on 27 April 2006 and that was in force immediately before the commencement of this Part.

(2) The lease referred to in subsection (1) has effect from the commencement of this Part—

(a) as if the lease were a lease granted under section 5.2.5 of the Education and Training Reform Act 2006 by the Minister administering that section; and

(b) as if the lease referred to that Minister instead of Parks Victoria.



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Part 3—Ballarat North land7 Revocation of reservation—Ballarat North land

The Order in Council specified in item 2 of Schedule 1 is revoked to the extent that it applies to Crown Allotments 2005 and 2007, Parish of Ballarat.

8 Consequences of revocation—Ballarat North land

On the revocation by this Part of the Order in Council specified in item 2 of Schedule 1 to the extent that it applies to the land described in Crown Allotments 2005 and 2007, Parish of Ballarat—





9 Preservation of lease—Ballarat North land

(1) Nothing done by this Part affects the status or continuity of the lease over the land described in Crown Allotments 2005 and 2007, Parish of Ballarat that was entered into by the City of Ballarat and North Ballarat Football Club Inc. and that commenced on 1 October 2013 and that was



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in force immediately before the commencement of this Part.

(2) The lease referred to in subsection (1) has effect from the commencement of this Part—

(a) as if the lease were a lease granted under section 134 of the Land Act 1958 by the Minister administering that section in relation to Crown Allotments 2005 and 2007, Parish of Ballarat; and

(b) as if the lease referred to that Minister instead of the City of Ballarat.



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Part 4—Caulfield land10 Revocation of reservation—Caulfield land


11 Consequences of revocation—Caulfield land






12 Permanent reservation of Caulfield land

On the revocation by this Part of the Order in Council specified in item 3 of Schedule 1, the land described in that item is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being in particular the purposes of a public park, gardens and recreation.



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13 Glen Eira City Council is committee of management

On the commencement of this section, the Glen Eira City Council is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of the land described in item 3 of Schedule 1.



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Part 5—Cobram land14 Revocation of reservation—Cobram land

The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2008, Parish of Boosey.

15 Consequences of revocation—Cobram land

On the revocation by this Part of the Order in Council specified in item 4 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2008, Parish of Boosey—







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Part 6—Flinders land16 Revocation of reservation—Flinders land

The Order in Council specified in item 5 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2034, Parish of Flinders.

17 Consequences of revocation—Flinders land

On the revocation by this Part of the Order in Council specified in item 5 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2034, Parish of Flinders—







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Part 7—Waaia land18 Revocation of reservation—Waaia land

The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2039, Parish of Waaia.

19 Consequences of revocation—Waaia land

On the revocation by this Part of the Order in Council specified in item 6 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2039, Parish of Waaia—







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Part 8—Wedderburn land20 Revocation of reservation—Wedderburn land


21 Consequences of revocation—Wedderburn land



(b) the appointment of any committee of management of the land is revoked to the extent that it relates to that land; and



22 Temporary reservation of Wedderburn land

On the revocation by this Part of the Order in Council specified in item 7 of Schedule 1, the land described in that item is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes.



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23 Loddon Shire Council is committee of management

On the commencement of this section, Loddon Shire Council is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of the land described in item 7 of Schedule 1.



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Part 9—General24 Registrar of Titles to make amendments necessary

for this Act

The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.

25 Preservation of lease does not place parties in breach

Nothing done by virtue of section 6 or 9—

(a) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease referred to in those sections including any provision prohibiting, restricting or regulating the assignment of the lease; or

(b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or

(c) releases the obligor wholly or in part from any obligation.



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Schedule 1—Land in respect of which reservations are revoked

Item 1—Albert Park land

Situation and area of reserved land: Crown Allotment 2027, Parish of Melbourne South, being 9283 square metres.

Instrument and date of reservation: Order in Council dated 29 October 2002, published in the Government Gazette dated 31 October 2002, page 2934.

Description of reserved land by reference to Government Gazette:

Government Gazette dated 31 October 2002, page 2934.

Purpose of reservation: Public Park.

Extent of revocation: The entire reserve.

Item 2—Ballarat North land

Situation and area of reserved land: Crown Allotments 5A, 2005 and 2007, Parish of Ballarat, being 7.6241 hectares in total.

Instrument and date of reservation: Order in Council dated 9 September 1935, published in the Government Gazette dated 11 September 1935, page 2359.


Government Gazette dated 14 August 1935, page 2137.

Purpose of reservation: Show Yards and Public Recreation.

Extent of revocation: The reserve so far as it relates to Crown Allotments 2005 and 2007, Parish of Ballarat.



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Item 3—Caulfield land

Situation and area of reserved land: Crown Allotment 32B, Parish of Prahran at Caulfield, being 2.0285 hectares.

Instrument and date of reservation: Order in Council dated 23 August 1966, published in the Government Gazette dated 31 August 1966, page 3198.


Government Gazette dated 20 July 1966, page 2633.

Purpose of reservation: Public purposes (swimming pool, other associated facilities and car parking).


Item 4—Cobram land

Situation and area of reserved land: The left bank of the River Murray in the Parish of Boosey.

Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette dated 27 May 1881, page 1389.


Government Gazette dated 11 February 1881, page 484.

Purpose of reservation: Public Purposes.

Extent of revocation: The reserve so far as it relates to Crown Allotment 2008, Parish of Boosey.



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Item 5—Flinders land

Situation and area of reserved land: Crown Allotments 2034, 2035 and 2036 (formerly Crown Allotment 5, Section A), Parish of Flinders, being 63.76 hectares in total.

Instrument and date of reservation: Order in Council dated 27 April 1982, published in the Government Gazette dated 5 May 1982, page 1277.


Government Gazette dated 5 May 1982, page 1277.

Purpose of reservation: Preservation of Species of Native Plants.

Extent of revocation: The reserve so far as it relates to Crown Allotment 2034, Parish of Flinders.

Item 6—Waaia land

Situation and area of reserved land: The bed and banks of the Broken Creek in the Parish of Waaia.

Instrument and date of reservation: Order in Council dated 23 May 1881, published in the Government Gazette dated 27 May 1881, page 1389.


Government Gazette dated 18 March 1881, page 817.

Purpose of reservation: Public purposes.

Extent of revocation: The reserve so far as it relates to Crown Allotment 2039, Parish of Waaia.



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Item 7—Wedderburn land

Situation and area of reserved land: Crown Allotment 25A, Section M, Parish of Wedderburne, being 2108 square metres.

Instrument and date of reservation: Order in Council dated 27 November 1862, published in the Government Gazette dated 5 December 1862, page 2488.


Government Gazette dated 5 December 1862, page 2488.

Purpose of reservation: Mechanics Institute.


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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 21 October 2015

Legislative Council: 10 December 2015

The long title for the Bill for this Act was "A Bill for an Act to revoke permanent reservations of certain land, to provide for reservations of certain land for specified purposes and for other purposes."

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