Royal Children's Hospital (Land) Act 2007

Royal Children's Hospital (Land) Act 2007

No. 48 of 2007

table of provisions

SectionPage

ClausePage

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

Part 2—Revocation of Reservations for Royal Children's Hospital Project

4Revocation of reservations—excised land

5Consequences of revoking reservations

6Registrar of Titles to make necessary amendments

Part 3—New Hospital Site and Re-reservation of Surplus Project land

7Declaration of project completion

8Plan of survey—new Hospital site

9Minister to prepare plan of surplus project land

10New Hospital site and Royal Park land

11Leases to continue despite revocation of reservations

12Registrar of Titles to make necessary amendments

Part 4—Land Management

13Application

14Power to enter into leases

15Power to grant licences over land

______

SCHEDULES

SCHEDULE 1—Land in respect of which Reservations are Revoked

SCHEDULE 2—Plan of Excised Land

═══════════════

Endnotes

ClausePage

Victoria

ClausePage

Royal Children's Hospital (Land) Act 2007[†]

No. 48 of 2007

[Assented to 25 September 2007]

Royal Children's Hospital (Land) Act 2007
No. 48 of 2007

Part 1—Preliminary

Preamble

The current site of the Royal Children's Hospital is on land which is temporarily reserved as a site for the Children's Hospital and the Hospital has occupied this site since 1963.

As the current design of the Hospital is no longer consistent with its status as a world class paediatric hospital, the development of a new Royal Children's Hospital on a site in RoyalPark to the north-west of the current Hospital is proposed.

To facilitate this development, it is necessary to revoke part of the reservations over certain land, provide for the re-reservation of that land and the majority of the old Hospital site on completion of the project and for the management of the land comprising the new site.

Royal Children's Hospital (Land) Act 2007
No. 48 of 2007

Part 1—Preliminary

The Parliament of Victoriatherefore enacts:

Royal Children's Hospital (Land) Act 2007
No. 48 of 2007

Part 1—Preliminary

1Purpose

s. 1

The main purpose of this Act isto provide for—

(a)the revocation of part of the reservation of RoyalPark to provide for a new site for the construction of a new Royal Children's Hospital;

(b)the re-reservation of that land and the majority of the old Hospital site;

(c)leasing and licensing arrangements.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 January 2009, it comes into operation on that day.

3Definitions

In this Act—

declaration of project completion means a declaration under section 7;

excised land means the land shown hatched and cross-hatched on the plan in Schedule 2;

new Hospital site means the land shown on the plan of survey prepared under section 8;

old Hospital site means the land temporarily reserved as a Site for the Children's Hospital by Order in Councildated 21 March 1950, published in the Government Gazette dated 29 March 1950 at page 1743;

project land means—

(a)the excised land; and

(b)the old Hospital site;

surplus project land means the land shown on the plan of survey prepared under section 9.

s. 3

______

Part 2—Revocation of Reservations for Royal Children's Hospital Project

4Revocation of reservations—excised land

s. 4

(1)The Order in Council specified in item 1 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule2.

(2) The Order in Council specified in item 2 of Schedule 1 is revoked to the extent that it applies to the land shown cross-hatched on the plan in Schedule2.

5Consequences of revoking reservations

On the revocation of a reservation of land under this Part—

(a)that land is deemed 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)any regulations under section 13 of the CrownLand (Reserves) Act 1978 are revoked to the extent that they apply to that land.

6Registrar of Titles to make necessary amendments

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

______

Part 3—New Hospital Site and Re-reservation of SurplusProjectland

7Declaration of project completion

s. 7

(1)The Minister administering the Health Services Act 1988 must make a declaration of project completion on being satisfied that—

(a)the construction of thebuildings comprising the new Royal Children's Hospital is complete; and

(b)the buildings comprising the former Royal Children's Hospital on the old Hospital site which are not part of the new Royal Children's Hospital are no longer needed and have been demolished.

(2)A declaration of project completion—

(a)must be published in the Government Gazette; and

(b)takes effect on the date of that publication or such later date as is specified in the declaration.

8Plan of survey—new Hospital site

(1)After publication of the declaration of project completion, the Ministeradministering the Health Services Act 1988 must—

(a)cause a plan of survey to be prepared by the Surveyor-General showing the final boundaries of the new Hospital site; and

(b)ensure that—

(i)the total area of the land shown as the new Hospital site in the plan of survey is less than 41 hectares; and

(ii)the land shown in the plan of survey does not include any land that is not part of the project land.

(2)On receiving a plan of survey of the new Hospital site signed by the Surveyor-General which complies with subsection (1)(b), the Ministeradministering the Health Services Act 1988 must refer the plan of survey to the Minister administering this Actfor approval.

(3)The Minister mustnot approve the plan of surveyreferred to him or her under subsection (2) unless satisfied that—

(a)the total area of the land shown as the new Hospital site in the plan of survey is less than 41 hectares; and

(b)the land shown in the plan of survey does not include any land that is not part of the project land.

9Minister to prepare plan of surplus project land

s. 9

After approving the plan of survey of the new Hospital site under section 8(3), the Ministeradministering this Act must cause a plan of survey to be prepared by the Surveyor-General showing the project land which is not part of the new Hospital site.

10New Hospital site and RoyalPark land

(1)After the approval of the plan of survey of the new Hospital site and the preparationof the plan of survey of the surplus project land, the Minister administering this Act must recommend to the Governor in Council that an Order be made under this section in respect of the land shown in those plans of survey.

(2)On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may make an Order in respect of the land shown in those plans of survey—

(a)reserving the new Hospital site for hospital purposes; and

(b)reserving the surplus project land as a public park to formpart of RoyalPark.

(3)On the publication of an Order under this section in respect of the new Hospital site—

s. 10

(a)subject to paragraph (d), that land is deemed 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)any regulations under section 13 of the CrownLand (Reserves) Act 1978 are revoked to the extent that they apply to that land; and

(d) that land is deemed to be temporarily reserved under section 4(1) of the CrownLand (Reserves) Act 1978 for hospital purposes; and

(e)the Royal Children's Hospital, being a public health service incorporated under section 65P of the Health Services Act 1988, is deemed to be the committee of management of that land appointed under the CrownLand (Reserves) Act 1978.

(4)On the publication of an Order under this section in respect of the surplus project land —

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

(c)any regulations under section 13 of the CrownLand (Reserves) Act 1978 are revoked to the extent that they apply to that land; and

(d)that land is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 as a public park and to form part of Royal Park; and

s. 10

(e) the Melbourne City Council is deemed to be the committee of management of that land appointed under the CrownLand (Reserves) Act 1978.

(5)An Order published in the Government Gazette under this section must include—

(a)a copy of—

(i)the approved plan of survey of the new Hospital site; and

(ii)the plan of survey of the surplus project land; or

(b)if it is not practical to publish either or both plans of survey due to size, complexity or other technical matters, reference to the plan or plans lodged in the Central Plan Office in the Department of Sustainability and Environment.

11Leases to continue despite revocation of reservations

s. 11

(1)Nothing in section 10 affects the status or continuity of any lease of any land which forms part of the new Hospital site if that lease was entered into after the commencement of Part 2 and is in existenceimmediately before the land is reserved by an Order under that section.

(2)Nothing in section 10 affects the status or continuity of any lease of any land which forms part of the old Hospital site in existence immediately before the land is reserved by an Order under that section.

(3)In this section lease includes an agreement, licence, option to renew or other interest arising under or in relation to a lease (whether or not the lease has expired) and an interest in the nature of a lease.

12Registrar of Titles to make necessary amendments

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

______

Part 4—Land Management

13Application

s. 13

(1)This Part has effect despite anything to the contrary in the Land Act 1958 and the CrownLand (Reserves) Act 1978.

(2)The powers of the committee of management of the new Hospital site under this Part are in addition to, and do not limit, the powers of that committee of management as a committee of management under the Crown Land (Reserves) Act 1978.

14Power to enter into leases

(1)Subject to the written approval of the Minister, the committee of management of the new Hospital site may grant a lease of the new Hospital site or any part of the new Hospital site.

(2)The Minister must not approve a lease under this section unless he or she is satisfied that the purpose for which the lease is to be granted is not inconsistent with the purposes for which the land is reserved.

(3)A lease granted under this section may be for a term not exceeding 30 years.

(4) A lease granted under this section—

(a)may contain options for the lessee to renew the lease for a further term or terms, but the aggregate of the original term and the further term or terms must not exceed 30 years; and

(b)may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and

(c)is subject to any covenants, exceptions, reservations and conditions that are determined by the committee of management of the new Hospital site and approved in writing by the Minister.

15Power to grant licences over land

s. 15

(1)Subject to the written approval of the Minister, the committee of management of the new Hospital site may grant a licence to enter and use any part of the new Hospital site.

(2)The Minister must not approve a licence under this section unless he or she is satisfied that the purpose for which the licence is to be granted is not inconsistent with the purposes for which the land is reserved.

(3)A licence granted under this section—

(a)may be for a period not exceeding 30years; and

(b)is subject to the terms and conditions determined by the committee of management of the new Hospital site and approved in writing by the Minister.

______

SCHEDULES

SCHEDULE 1

Sch. 1

Section 4

Land in respect of which Reservations are Revoked

Item 1—Royal Park 1876

Situation of land: / City of Melbourne, Parish of Jika Jika, County of Bourke, being part of RoyalPark.
Instrument and date of reservation: / Order in Council dated 20November 1876, published in theGovernment Gazette dated 24November 1876, page 2158.
Description of land by reference to Government Gazette: / Government Gazette dated 20October 1876, page 1934.
Purpose of reservation: / Site for a PublicPark.
Extent of revocation: / The land shown hatched on the plan in Schedule 2.

Item 2—Land Adjoining RoyalPark(1882)

Situation of land: / City of Melbourne, Parish of Jika Jika, County of Bourke.
Instrument and date of reservation: / Order in Council dated 18 April 1882, published in the Government Gazette dated 20 April 1882, page904.
Description of land by reference to Government Gazette: / Government Gazette dated 24February 1882, page 510.
Purpose of reservation: / Site for PublicPark.
Extent of revocation: / The land shown cross-hatched on the plan in Schedule 2.

______

SCHEDULE 2

Sch. 2

Sections 3, 4

Plan of Excised Land

═══════════════

Royal Children's Hospital (Land) Act 2007
No. 48 of 2007

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 19 July 2007

Legislative Council: 23 August 2007

The long title for the Bill for this Act was "A Bill for an Act to provide for the revocation of part of the reservation of Royal Park to provide for a new site for the construction of a new Royal Children's Hospital, to provide for the re-reservation of that and other land, to provide for leasing and licensing arrangements over certain land and for other purposes."