Version No. 001
Carlton (Recreation Ground) Land Act 1966
Act No. 7412/1966
Version incorporating amendments as at 14 February 2000
table of provisions
SectionPage
1
SectionPage
1.Short title
2.Definition
3.Corporation may grant leases of land described in Schedule 1
4.Corporation may make advances out of municipal fund
5.Extension of lease area
6.Registrar-General and Registrar of Titles to make necessary amendments
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SCHEDULES
SCHEDULE 1
SCHEDULE 2—Plan of area to which section 5 applies
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Carlton (Recreation Ground) Land Act 1966
Act No. 7412/1966
Version incorporating amendments as at 14 February 2000
An Act to authorize the Granting of Leases of certain Land at Carlton in the City of Melbourne permanently reserved as a Site for a Public Park, and for other purposes.
1
Act No. 7412/1966
Carlton (Recreation Ground) Land Act 1966
Preamble
WHEREAS by an Order in Council of the 9th day of June, 1873 certain land in the City of Melbourne known as Princes Park was permanently reserved as a site for a public park and by Crown Grant Volume 600 Folio 119908 dated the 13th day of June, 1873[1] that land was vested in the Board of Land and Works and the mayor aldermen councillors and citizens of the City of Melbourne as a site for a public park:
AND WHEREAS by an Order in Council of the 9th day of October, 1917[2] the council of the City of Melbourne was appointed as committee of management of the said land:
AND WHEREAS the land described in the Schedule is part of the said land and is used for the purposes of sport and recreation:
AND WHEREAS it is expedient to authorize the council of the City of Melbourne as committee of management of the said land to grant leases of the land described in the Schedule:
AND WHEREAS it is expedient to empower the said council to make loans to lessees of the land described in the 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
s. 1
This Act may be cited as the Carlton (Recreation Ground) Land Act 1966.
2.Definition
In this Act unless inconsistent with the context or subject-matter—
S. 2 def. of "Council" substituted as "corporation" by No. 7583 s.3.
"corporation" means corporation of the City of Melbourne.
3.Corporation may grant leases of land described in Schedule 1
S. 3(1) substituted by No. 7583 s.4.
(1)Any previous appointment of a committee of management of the land in the City of Melbourne known as Princes Park permanently reserved by the hereinbefore recited Order in Council of the 9th day of June, 1873 as a site for a public park is hereby revoked and the corporation is hereby appointed committee of management of the said land.
S. 3(1A) inserted by No. 7583 s.4, amended by No. 88/1995 s.4.
(1A)Notwithstanding anything in any Act the corporation as committee of management of the said land known as Princes Park may from time to time grant leases of the land described in Schedule1 for the purposes of sport or recreation or social or cultural or educational activities or purposes connected therewith including the erection of buildings.
(2)A lease under this section—
S. 3(2)(a) amended by No. 7583 s.5.
(a)shall be subject to such covenants conditions exceptions and reservations as the corporation thinks fit;
S. 3(2)(b) amended by No. 8703 s.2.
(b)shall be for a term not exceeding forty years; and
(c)shall if the term exceeds three years be subject to approval by the Governor in Council.
S. 3(3) amended by Nos 7583 s.5, 41/1987 s.103(Sch. 4 item 6.1).
(3)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 land permanently reserved as aforesaid or for such other purpose as the Minister in any particular case approves.
(4)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 any improvement whatsoever or of any act matter or thing under this section.
4.Corporation may make advances out of municipal fund
s. 4
S. 4(1) amended by Nos 7583 s.5, 88/1995 s.5.
(1)The corporation may apply out of the municipal fund a sum or sums not exceeding in the aggregate $200000 for the purpose of making a loan or loans to any lessee of the land described in Schedule 1 for the purpose of erecting buildings on or making other improvements to that land.
S. 4(2) amended by No. 7583 s.5.
(2)Any loan made by the corporation to a lessee shall be upon such terms and conditions as the corporation thinks fit.
S. 5
inserted by No. 88/1995 s.6.
5.Extension of lease area
s. 5
(1)This section has effect despite anything to the contrary in any other Act or law.
(2)In this section "stratum" means a part of land consisting of a space of any shape above or below, or partly above and partly below, the surface of the land, all the dimensions of which are limited.
(3)On receiving a plan of survey signed by the Surveyor-General of—
(a)a stratum consisting of a space above the surface of any part of the land shown hatched on the plan in Schedule 2, or that land as nearly as practicable, to be used for the construction of a cantilevered grandstand; and
(b)any other parts of that hatched land or that land as nearly as practicable (whether above, below or on the surface of the land and shown on the plan of survey) that the Minister is satisfied are necessary for the construction of supports for the proposed grandstand—
the Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council that an Order be made that the stratum referred to in paragraph (a) and the other parts of the hatched land referred to in paragraph (b) and specified in the recommendation be added to the area in Schedule1.
(4)The Governor in Council may make the Order recommended in sub-section (3).
(5)An Order under sub-section (4) must include a copy of the plan of survey of the land to which the Order applies.
(6)On publication in the Government Gazette of an Order under sub-section (4), the land is deemed to be included in the land described in Schedule 1.
S. 6
inserted by No. 88/1995 s.6.
6.Registrar-General and Registrar of Titles to make necessary amendments
s. 6
(1)The Registrar-General must make all entries on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of any provision of this Act.
(2)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 Act.
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SCHEDULES
Preamble, sections 3, 4.
Sch. substituted by No. 7583 s.6, re-numbered Sch. 1 by No.88/1995 s.7(a), amended by No. 88/1995 s.7(b).
SCHEDULE 1
Sch. 1
Land, being part of the land permanently reserved by Order in Council of 9th June, 1873, as a site for a public park, in respect of which the corporation of the City of Melbourne as committee of management thereof may grant leases for the purposes of sport or recreation or social or cultural or educational activities or purposes connected therewith, including the erection of buildings.
Nine acres, three roods, twenty perches, at Carlton, Parish of Jika Jika, County of Bourke indicated by black hatching on the plan hereunder—
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Sch. 2 inserted by No. 88/1995 s.8.
SCHEDULE 2
Sch. 2
Plan of area to which section 5 applies
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ENDNOTES
Endnotes
1.General Information
The Carlton (Recreation Ground) Land Act 1966 was assented to on 17May 1966 and came into operation on 17May 1966.
2.Table of Amendments
This Version incorporates amendments made to the Carlton (Recreation Ground) Land Act 1966 by Acts and subordinate instruments.
Endnotes
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Carlton (Recreation Ground) (Amendment) Land Act 1967, No. 7583/1967
Assent Date: / 21.11.67Commencement Date: / 21.11.67
Current State: / All of Act in operation
Carlton (Recreation Ground) Land Act 1975, No. 8703/1975
Assent Date: / 16.5.75Commencement Date: / 16.5.75: s. 1(3)
Current State: / All of Act in operation
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date: / 19.5.87Commencement Date: / S. 103(Sch. 4 item 6.1) on 1.7.87: Government Gazette 24.6.87 p. 1694
Current State: / This information relates only to the provision/s amending the Carlton (Recreation Ground) Land Act 1966
Carlton (Recreation Ground) Land (Amendment) Act 1995, No. 88/1995
Assent Date: / 5.12.95Commencement Date: / 5.12.95
Current State: / All of Act in operation
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3.Explanatory Details
Endnotes
1
[1] Preamble: Government Gazette 13 June 1873 page 1059.
[2] Preamble: Government Gazette 17 October 1917 page 3258.