Version No. 001
The Railway Melbourne Lands Exchange Act 1888
Act No. 1003/1888
Version incorporating amendments as at 21 February 2001
table of provisions
Section Page
ii
Section Page
1. Short title 2
2. Lands vested in Railways Commissioners 2
3. Lands to vest by force of this Act 3
4. Railway or tramway to be constructed into market lands at expense of Corporation 3
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SCHEDULES 5
SCHEDULE 1 5
SCHEDULE 2 11
SCHEDULE 3—Repealed 13
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ENDNOTES 14
1. General Information 14
2. Table of Amendments 15
3. Explanatory Details 16
ii
Version No. 001
The Railway Melbourne Lands Exchange Act 1888
Act No. 1003/1888
Version incorporating amendments as at 21 February 2001
An Act to make provision for the Vesting of certain Lands in the Board of Lands and Works, the Victorian Railways Commissioners, the Mayor Aldermen Councillors and Citizens of the City of Melbourne respectively.
1
Act No. 1003/1888
The Railway Melbourne Lands Exchange Act 1888
Preamble
WHEREAS the lands described in the First Schedule hereto are required by the Victorian Railways Commissioners for the purposes of "The Victorian Railways Commissioners Act 1883":
AND WHEREAS the said lands are under the management and control of or are vested in the Mayor Aldermen Councillors and Citizens of the City of Melbourne or the said Mayor Aldermen Councillors and Citizens jointly with the Board of Land and Works or the said Board:
AND WHEREAS it has been agreed between the said Commissioners of the one part and the said Mayor Aldermen Councillors and Citizens and the said Board of the other part that the said lands together with the buildings and erections thereon should be vested in the said Commissioners subject to certain conditions and provisoes:
AND WHEREAS the same cannot be done without the authority of Parliament:
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 for all purposes be cited as "The Railway Melbourne Lands Exchange Act 1888."
S. 2
amended by No. 1054 ss2(Sch. 1), 8.
2. Lands vested in Railways Commissioners
Immediately upon the payment by the Victorian Railways Commissioners to the Mayor Aldermen Councillors and Citizens of the City of Melbourne (hereinafter termed the "Corporation") of the sum of Eight thousand pounds the lands described in the First Schedule hereto together with the buildings thereon shall become vested in the said Commissioners for the purposes of "The Victorian Railways Commissioners Act 1883" subject to the conditions and provisos mentioned in the said First Schedule.
Immediately on such payment aforesaid the lands described in the Second Schedule hereto together with the buildings thereon shall become vested in the Corporation for the purposes following and for no other purposes whatsoever (that is to say):
The lands numbered one two and three in the said Second Schedule for the purposes of a general market, provided that the Corporation shall pay to the Board of Land and Works the sum of Five thousand pounds as the value of any buildings or improvements thereon:
The lands numbered five in the said Second Schedule for market and refrigerating chambers and storage purposes:
The lands numbered four in the said Second Schedule for yardage for sanitary vehicles and appliances and materials requisite for the public purposes of the city:
The lands numbered six in the said Second Schedule for market and other purposes or for yardage for plant utensils and appliances for maintenance of the streets and public works of the city:
The lands numbered seven in the said Second Schedule for the purposes of a street.
3. Lands to vest by force of this Act
s. 3
The said lands shall vest in and belong to the respective corporations in which they are respectively vested by this Act and shall without further or other conveyance or assurance than this Act be and become vested in and be held and enjoyed by such corporations respectively for the purposes hereinbefore in this Act specified but not otherwise freed from the terms and conditions of any Crown grant reservation or dedication of any kind whatsoever affecting the same or any part thereof.
4. Railway or tramway to be constructed into market lands at expense of Corporation
It shall be lawful for the said Commissioners when so requested and when furnished with sufficient funds for the purpose by the Corporation to construct into and to such part of the lands described in the Second Schedule hereto and therein numbered one two and three as the Corporation may specify a railway or tramway from and connected with the railways vested in the said Commissioners, the cost of which railway or tramway and the maintenance thereof for the entire length thereof beyond the limits of the land vested in the Commissioners shall be borne and defrayed by the Corporation.
s. 4
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SCHEDULES
THE FIRST SCHEDULE
Sch. 1
I. Commencing on the south side of Flinders-street at a point in a line with the eastern side of Queen-street and proceeding thence for four chains sixteen links more or less in a straight line bearing south twenty-eight degrees east to the northern bank of the River Yarra and bounded on the east by land belonging to the Victorian Railways Commissioners; thence for seven chains more or less in a straight line bearing westerly along the said northern bank of the River Yarra to the north-eastern angle of the new Falls Bridge; thence for seven chains four links more or less by a curve of six chains radius the centre of which lies to the south-east to a point on the south side of Flinders-street in line with the western side of Queen-street; and thence for one chain fifty links in a straight line bearing north sixty-two degrees east along the said southern side of Flinders-street to the commencing point, and containing an area of two acres thirty-eight perches more or less.
II. Commencing at the intersection of the western side of Swanston-street with the southern side of Flinders-street and proceeding thence for ninety feet in a straight line bearing south twenty-eight degrees east along the western side of Swanston-street; thence for seventy-nine feet and two-tenths of a foot in a straight line bearing south sixty-two degrees west to the eastern boundary of land belonging to the Victorian Railways Commissioners; thence for ninety feet in a straight line bearing north twenty-eight degrees west to the southern side of Flinders-street and bounded on the west by the aforesaid land belonging to the Victorian Railways Commissioners; thence for seventy-nine feet and two-tenths of a foot in a line bearing north sixty-two degrees east along the said southern side of Flinders-street to the commencing point, and containing an area of twenty-six perches and two-tenths of a perch more or less.
III. Commencing at a point on the western side of Swanston-street being the south-eastern angle of the Fishmarket Reserve and proceeding thence for five chains fifty-four links more or less in a straight line bearing south twenty-eight degrees east to the northern bank of the River Yarra; thence for one chain twenty links more or less in a straight line bearing westerly along the said northern bank of the River Yarra to the eastern boundary of land belonging to the Victorian Railways Commissioners; thence for five chains twenty-four links more or less in a straight line bearing north twenty-eight degrees west to the south-western angle of the said Fishmarket Reserve, and bounded on the west by the said land of the Victorian Railways Commissioners; thence for seventy-nine feet and two-tenths of a foot in a straight line bearing north sixty-two degrees east along the southern boundary of the said Fishmarket Reserve to the commencing point, and containing an area of two roods twenty-three perches more or less.
IV. Commencing at the intersection of the southern side of Flinders-street with the eastern side of Swanston-street and proceeding thence in a straight line bearing north sixty-two degrees east along the said south side of Flinders-street to the north-western angle of land belonging to the Victorian Railways Commissioners; thence for five chains seventy-seven links more or less in a straight line bearing south twenty-eight degrees east to the northern side of the Yarra Bank-road and bounded on the east by the said property of the Victorian Railways Commissioners; thence for one chain sixty-two links more or less in a straight line bearing westerly along the said road to the eastern side of Swanston-street; thence for five chains twenty links more or less in a straight line bearing north twenty-eight degrees west along the said eastern side of Swanston-street to the commencing point, and containing an area of three roods eleven perches more or less.
V. Commencing at a point on the southern side of Flinders-street in a line with the eastern side of Stephen-street and proceeding thence for three chains forty links in a straight line bearing south twenty-eight degrees east and bounded on the east by land vested in the Victorian Railways Commissioners; thence for six chains seventy-eight links more or less in a straight line bearing westerly and for thirty-six links in another straight line bearing north-westerly to the south side of Flinders-street aforesaid and bounded on the south and south-west by land vested in the Victorian Railways Commissioners; thence for six chains fifteen links more or less in a straight line bearing north sixty-two degrees east along the said south side of Flinders street to the commencing point, and containing an area of one acre and sixteen perches more or less.
Sch. 1
VI. Commencing at a point on the western side of the Jolimont-road being the intersection of the northern boundary of land the freehold property of the Victorian Railways Commissioners and proceeding thence for fourteen chains thirty links more or less in a north-westerly direction along the said northern boundary of freehold land to the south-eastern angle of other land belonging to the Victorian Railways Commissioners; thence for five chains twenty-eight links more or less in a straight line bearing north twenty-eight degrees west and in line with the west side of Spring-street to the intersection of the southern fence of the ground occupied by the Victorian Militia Engineers; thence for nineteen chains six links in a south-easterly direction along the fences of the lands occupied by the said Engineer Corps the National Gymnasium and the East Melbourne Cricket Club to the west side of the Jolimont-road; thence for fifty links more or less in a straight line bearing south along the said west side of the Jolimont-road to the commencing point, and containing an area of three acres two roods more or less.
VII. Commencing at a point on the southern side of Wellington-parade south in a line with the western side of Spring-street and forming the north-eastern angle of land vested in the Victorian Railways Commissioners and proceeding thence for nine chains ten links more or less in an easterly direction along the said southern side of Wellington-parade south and the lands occupied respectively by the Victorian Militia Engineers and National Gymnasium to the north-western angle of the land occupied by the East Melbourne Cricket Club; thence for six chains eight links more or less in a southerly direction to the south-eastern angle of land occupied by the National Gymnasium; thence for nine chains twenty-four links more or less in a straight line in a north-westerly direction along the fenced southern boundary of lands occupied respectively by the National Gymnasium and Victorian Militia Engineers to the eastern boundary of land vested in the Victorian Railways Commissioners; thence for two chains thirty links more or less in a straight line bearing north twenty-eight degrees west along the said eastern boundary of land vested in the Victorian Railways Commissioners to the commencing point, and containing an area of three acres one rood eleven perches more or less, subject to the condition that the present occupiers shall not be disturbed until the land is actually required for railway purposes, of which the Commissioners shall be the sole judges, and until so required the revenue now derived from it (if any) by the Board shall continue to be received by the Board.
Sch. 1
VIII. Commencing at the north-east angle of the ground occupied by the East Melbourne Cricket Club being the point of intersection of the southern side of Wellington-parade south by the western side of Jolimont-road and proceeding thence for eleven chains sixty links more or less in a straight line bearing south along the west side of the Jolimont-road to the south-eastern angle of the said land occupied by the East Melbourne Cricket Club; thence for fifteen chains ninety links more or less in a north-westerly and northerly direction along the fence boundaries of the said land occupied by the East Melbourne Cricket Club to the north-western angle thereof on the south side of Wellington-parade south and bounded on the south by land occupied by the Victorian Railways Commissioners and on the west by that occupied by the National Gymnasium; thence for seven chains seventy links more or less in a straight line bearing east along the said south side of Wellington-parade south to the commencing point, and containing six acres one rood twenty-nine perches more or less, subject to the conditions that the present occupiers shall not be disturbed until the land is actually required for railway purposes, of which the Commissioners shall be the sole judges, and until so required the revenue now derived from it (if any) by the Board shall continue to be received by the Board.
IX. Commencing on the west side of the Jolimont-road at its intersection with the northern boundary of the freehold land of the Victorian Railways Commissioners and proceeding thence for one chain sixty-eight links in a straight line bearing south-easterly to the intersection of the eastern side of the Jolimont-road with the northern side of another portion of freehold land belonging to the Victorian Railways Commissioners; thence for two chains forty-five links more or less in a straight line bearing south along the said east side of the Jolimont-road to its intersection with the south side of the said last-mentioned freehold railway land; thence for one chain sixty-eight links more or less in a straight line bearing north-westerly to the intersection of the west side of the Jolimont-road with the southern side of the first-mentioned freehold railway land; and thence for two chains forty-five links more or less in a straight line bearing north along the west side of the Jolimont-road to the commencing point, and containing an area of one rood nineteen perches more or less.