Version No. 001
North Melbourne Lands Act 1966
Act No. 7446/1966
Version incorporating amendments as at 15 August 2000
table of provisions
SectionPage
1
SectionPage
1.Short title
2.Definitions
3.Revocation of reservation and Crown grant of land for
municipal purposes
4.Closure of part of Munster-terrace
5.Re-definition of land reserved for public recreation
6.Power to corporation to grant leases of lands shown in plan
6A.Power to corporation to make loans to lessees
7.Authority and direction to Registrar of Titles to make
necessary cancellations and entries
8.No compensation payable by Crown
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SCHEDULE—Lands at North Melbourne in the Parish ofJikaJika
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
North Melbourne Lands Act 1966
Act No. 7446/1966
Version incorporating amendments as at 15 August 2000
An Act relating to certain Lands at North Melbourne.
1
Act No. 7446/1966
North Melbourne Lands Act 1966
Preamble
WHEREAS—
(a)the lands delineated on the plan in the Schedule being those shown thereon as allotment 1 and allotment 2 of section 75A and those shown hatched and cross-hatched are situated at North Melbourne;
(b)the said land shown cross-hatched is unalienated land of the Crown;
(c)the said land shown as allotment 2 of section75A was by Order in Council of the 17th day of October, 1885[1], permanently reserved as a site for public recreation and by Crown grant dated the 23rd day of October, 1885, entered in the register book of the Office of Titles volume 1792 folium 358388 granted to the Board of Land and Works and the Mayor Councillors and Burgesses of the town of Hotham subject to the condition that the land and the buildings for the time being thereon should be at all times thereafter maintained and used as and for a place for the recreation and amusement of the people and offices and conveniences connected therewith and for no other purpose whatsoever;
(d)the said land shown as allotment 1 of section75A was by Order in Council of the 20th day of November, 1883[2], permanently reserved as a site for municipal purposes and by Crown grant dated the 22nd day of November, 1883, entered in the register book of the Office of Titles volume 1551 folium310078 granted to the Mayor Councillors and Burgesses of the town of Hotham subject to the condition that the land and the buildings for the time being thereon should be at all times thereafter maintained and used for municipal purposes and offices and conveniences connected therewith and for no other purpose whatsoever; and
(e)the said land shown hatched is part of a road known as Munster-terrace:
AND WHEREAS—
Preamble
(a)part of the said land shown cross-hatched and part of the said land shown as allotment1 of section 75A are enclosed with the said land shown as allotment 2 of section75A and used with it for the purposes of a cricket and football ground;
(b)a swimming pool and building are constructed on the land shown as allotment 1 of section 75A and encroach on the said lands shown hatched and cross-hatched; and
(c)the parts of the said lands shown as allotment1 of section 75A and shown hatched which are not enclosed as aforesaid or occupied by the swimming pool and building are used as open space to provide access to the said land used for the purposes of a cricket and football ground and to the swimming pool:
AND WHEREAS—
(a)by Order in Council of the 22nd day of August, 1887[3], the town of Hotham was proclaimed to be the town of North Melbourne; and
(b)by Order in Council of the 23rd day of October, 1905[4], the town of North Melbourne was united with the city of Melbourne:
AND WHEREAS the council of the city of Melbourne was by Order in Council of the 28th day of July, 1959[5], appointed a committee of management of the said land shown as allotment 2 of section 75A:
AND WHEREAS it is expedient—
(a)that the said land shown hatched be closed as a road;
(b)that the permanent reservation and Crown grant of the said land shown as allotment 1 of section 75A be revoked;
(c)that the said lands shown hatched and cross-hatched and also the said land shown as allotment 1 of section 75A be included in the permanent reservation and Crown grant of the said land shown as allotment 2 of section75A; and
(d)that the council of the city of Melbourne be authorized to grant leases of the whole or any part of the lands in the said permanent reservation:
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 North Melbourne Lands Act 1966.
2.Definitions
s. 2
In this Act unless inconsistent with the context or subject-matter—
S. 2 def. of "corporation" inserted by No. 7653 s.3.
"corporation" means corporation of the city of Melbourne;
"council" means council of the city of Melbourne;
"plan" means the plan in the Schedule.
3.Revocation of reservation and Crown grant of land for municipal purposes
(1)The hereinbefore recited Order in Council of the 20th day of November, 1883, and any other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land to which the said Order in Council relates shall be revoked.
(2)The hereinbefore recited Crown grant dated the 22nd day of November, 1883, entered in the register book of the Office of Titles volume 1551 folium 310078 shall be revoked and made null and void.
(3)The land described in the said Order in Council and Crown grant shall become and be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and exceptions whatsoever and from every estate or interest therein.
4.Closure of part of Munster-terrace
The land shown hatched on the plan being part of the road known as Munster-terrace shall cease to be part of a road and all rights easements or privileges existing or claimed either in the public or by any body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine and the said land shall be deemed to be unalienated land of the Crown.
5.Re-definition of land reserved for public recreation
s. 5
S. 5(1) amended by No. 8181 s.2(1)(Sch. item230).
(1)The hereinbefore recited Order in Council of the 17th day of October, 1885, and the Crown grant dated the 23rd day of October, 1885, entered in the register book of the Office of Titles volume1792 folium 358388 shall be deemed and taken for all purposes to relate also to the land shown on the plan as allotment 1 of section 75A and to the lands shown hatched and cross-hatched on the plan.
(2)The council shall be deemed to have been appointed by the hereinbefore recited Order in Council of the 28th day of July, 1959, a committee of management of the lands referred to in sub-section (1) as well as of the land referred to in that Order in Council.
S. 5(3) inserted by No. 7653 s.4.
(3)On the commencement of the North Melbourne Lands (Amendment) Act 1967 the appointment of the council as committee of management of the lands referred to in sub-section (2) shall be revoked and the corporation shall be appointed committee of management of those lands.
6.Power to corporation to grant leases of lands shown in plan
S. 6(1) amended by No. 7653 s.5.
(1)Notwithstanding anything in any Act the corporation as the committee of management of the land to which the said Order in Council of the 17th day of October, 1885, relates or is to be deemed by virtue of sub-section (1) of section 5 to relate may from time to time grant leases of the whole or any part of the said lands for the purposes of sport or recreation or social activities or purposes connected therewith including the erection of buildings.
(2)A lease under this section—
S. 6(2)(a) amended by No. 7653 s.5.
(a)shall be subject to such covenants conditions exceptions and reservations as the corporation thinks fit;
(b)shall be for a term not exceeding 21 years; and
(c)shall if the term exceeds three years be subject to approval by the Governor in Council.
S. 6(3) amended by Nos 7653 s.5, 41/1987 s.103(Sch. 4 item48.1).
(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 lands to which the said Order in Council relates or is to be deemed to relate or for such other purpose as the Minister in any particular case approves.
S. 6A
inserted by No. 7653 s.6.
6A.Power to corporation to make loans to lessees
s. 6A
(1)Subject to sub-section (2) of this section the corporation may out of the municipal fund make a loan or loans to any lessee of the lands or any part of the lands shown as allotments 1 and 2 of section75A and the lands shown hatched and cross-hatched on the plan for the purposes of erecting buildings on or otherwise improving the said lands or any part or parts thereof and upon such other terms and conditions as the corporation thinks fit.
S. 6A(2) amended by No. 7905 s.2.
(2)The corporation shall not invest an amount exceeding $95000 in a loan or loans under sub-section (1).
7.Authority and direction to Registrar of Titles to make necessary cancellations and entries
s. 7
The Registrar of Titles is hereby authorized and directed to make all such cancellations of or entries upon any Crown grant or duplicate Crown grant or other document as may be necessary or expedient in consequence of this Act and the holder of any such duplicate Crown grant or other document shall produce it to the Registrar of Titles for that purpose.
8.No compensation payable by Crown
No person or body of persons whosoever or whatsoever shall be entitled to receive or shall receive from Her Majesty any money or consideration or compensation in respect of or in any manner whatsoever arising out of any act matter or thing under this Act.
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Preamble, sections 2–6.
SCHEDULE
Lands at North Melbourne in the Parish ofJikaJika
Sch.
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ENDNOTES
1.General Information
Endnotes
The North Melbourne Lands Act 1966 was assented to on 2 November 1966 and came into operation on 2 November 1966.
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the North Melbourne Lands Act 1966 by Acts and subordinate instruments.
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North Melbourne Lands (Amendment) Act 1967, No. 7653/1967
Assent Date: / 19.12.67Commencement Date: / 19.12.67
Current State: / All of Act in operation
North Melbourne Lands (Loans to Lessees) Act 1969, No. 7905/1969
Assent Date: / 9.12.69Commencement Date: / 9.12.69
Current State: / All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date: / 23.11.71Commencement Date: / 23.11.71: subject to s. 2(2)
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 48.1) on 1.7.87: Government Gazette 24.6.87 p. 1694
Current State: / This information relates only to the provision/s amending the North Melbourne Lands Act 1966
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3.Explanatory Details
Endnotes
1
[1] Preamble: Government Gazettes 18 September 1885 page 2648, 23October 1885 page 2930.
[2] Preamble: Government Gazettes 19 October 1883 page 2414, 22 November 1883 page 2634.
[3] Preamble: Government Gazette 26 August 1887 page 2538.
[4] Preamble: Government Gazette 24 October 1905 page 4063.
[5] Preamble: Government Gazette 5 August 1959 page 2418.