Version No. 001

Land (Miscellaneous) Act 1995

Act No. 47/1995

Version as at 14 February 2000

table of provisions

SectionPage

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SectionPage

1.Purposes

2.Commencement

3.Revocation of reservation—Harding Park, Geelong

4.Revocation of reservation—Langwarrin land

5.Revocation of reservation and Crown grant—Wendouree land

6.Consequences of revoking reservation

7.Registrar-General and Registrar of Titles to make necessary amendments to records

8.No compensation payable by Crown

9.Supreme Court—limitation of jurisdiction

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SCHEDULES

SCHEDULE 1—Land in respect of which reservations are revoked

SCHEDULE 2—Land at Langwarrin

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

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Version No. 001

Land (Miscellaneous) Act 1995

Act No. 47/1995

Version as at 14 February 2000

1

Act No. 47/1995

Land (Miscellaneous) Act 1995

The Parliament of Victoria enacts as follows:

1.Purposes

The purposes of this Act are to—

(a)revoke reservations over certain land at Geelong, Langwarrin and Wendouree; and

(b)revoke a Crown grant of land at Wendouree; and

(c)make other related provisions.

2.Commencement

(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in sub-section (2) does not come into operation within the period of 12months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3.Revocation of reservation—Harding Park, Geelong

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

4.Revocation of reservation—Langwarrin land

s. 4

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

5.Revocation of reservation and Crown grant—Wendouree land

(1)The Order in Council specified in item 3 of Schedule 1 is revoked.

(2)Crown grant Volume 2153 Folio 422 is revoked.

(3)The Order in Council specified in item 4 of Schedule 1 is revoked.

6.Consequences of revoking reservation

(1)On the revocation by this Act of an Order in Council reserving land—

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

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

(c)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land.

(2)On the revocation by this Act of the Order in Council referred to in section 3, the management and control of that land is divested from the Greater Geelong City Council and reverts to the Crown.

7.Registrar-General and Registrar of Titles to make necessary amendments to records

s. 7

(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.

8.No compensation payable by Crown

No compensation is payable by the Crown in respect of anything done under or arising out of this Act.

9.Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of this Act.

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SCHEDULES

SCHEDULE 1

Sch. 1

Land in respect of which reservations are revoked

Item /
Situation and area of land /
Instrument and date of reservation / Description of land by reference to Government Gazette /
Particulars of registration
of Crown
grant /
Purpose of reservation /
Extent of revocation
1. / City of Geelong, Parish of Corio,
County of Grant 8094 square metres being part of section 10 / Order in Council dated 3February 1885 / Government Gazettes
dated 2January
1885
page 109 and 6February 1885 page 532 / No Crown grant / Site for
Public Park / The entire reserve.
2. / Parish of Langwarrin, County of Mornington, 2023 hectares, being Crown Allotment 32A / Order in Council dated 27May 1980 / Government Gazette dated 4June 1980 page 1791 / No Crown grant / Site for Conservation of an Area
of Natural Interest / The land shown hatched on the plan in Schedule 2.
3. / Parish of Dowling Forest,
County of Grenville, being 9576 hectares less the excision authorised by Act No. 2454, being part of section 3
/ Order in Council dated 22October 1888 / Government Gazettes
dated 21September 1888
page 2899 and 26October 1888
page 3244 / Crown grant Volume 2153 Folio 422 / Site for a Public Park / The entire reserve.
Item /
Situation and area of land /
Instrument and date of reservation / Description of land by reference to Government Gazette /
Particulars of registration
of Crown
grant /
Purpose of reservation /
Extent of revocation
4. / Parish of Dowling Forest,
County of Grenville, being 1113 hectares,
being Crown Allotment 1C section 3 / Order in Council dated 25January 1994 / Government Gazette dated 27 January 1994 page 306 / No Crown grant / Public Park / The entire reserve.

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Sch. 1

SCHEDULE 2

Land at Langwarrin

Sch. 2

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ENDNOTES

1.General Information

Endnotes

Minister's second reading speech—

Legislative Assembly: 11 May 1995

Legislative Council: 6 June 1995

The long title for the Bill for this Act was "A Bill to remove reservations over certain land at Geelong and certain other land, to revoke a Crown grant of certain land at Wendouree and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 11 May 1995

Legislative Council: 6 June 1995

Absolute majorities:

Legislative Assembly: 31 May 1995

Legislative Council: 6 June 1995

The Land (Miscellaneous) Act 1995 was assented to on 14 June 1995 and came into operation as follows:

Sections 1, 2 on 14 June 1995: section 2(1); sections 4, 6–9, Schedules 1, 2 on 3 August 1995: Government Gazette 3 August 1995 page 2012; section 5 on 28 September 1995: Government Gazette 28 September 1995 page 2731; section 3 on 14 June 1996: section 2(3).

2.Table of Amendments

Endnotes

There are no amendments made to the Land (Miscellaneous) Act 1995 by Acts and subordinate instruments.

3.Explanatory Details

Endnotes

No entries at date of publication.

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