Port Melbourne (Aircraft Agreement) Land Act 1937

Version No. 001

Port Melbourne (Aircraft Agreement) Land Act 1937

Act No. 4508/1937

Version as at 18 February 2003

table of provisions

SectionPage

1.Short title and commencement

2.Definitions

3.Ratification and validation of agreement

4.Effects on lands described in Schedules

5.Consequential amendments

6.Power to Minister to issue permits

7.Notice to Commission to remove transmission line from land

8.Power to Governor in Council to fix by proclamation day for certain purposes

9.No liability to attach to Crown

______

SCHEDULES

SCHEDULE A—Agreement

SCHEDULE B

SCHEDULE C

═══════════════

ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 001

Port Melbourne (Aircraft Agreement) Land Act 1937

Act No. 4508/1937

Version as at 18 February 2003

Act No. 4508/1937

Port Melbourne (Aircraft Agreement) Land Act 1937

An Act to ratify and validate an Agreement made between the Commissioner of Crown Lands and Survey The Melbourne Harbor Trust Commissioners and the Commonwealth Aircraft Corporation Proprietary Limited and to make provision for carrying the said Agreement into effect and for other purposes.

Preamble

WHEREAS on the tenth day of May One thousand nine hundred and thirty-seven an agreement (a copy of which is set out in Schedule A to this Act and which is hereinafter referred to as "the agreement") was entered into between the Honorable Albert Eli Lind in his capacity as Commissioner of Crown Lands and Survey (hereinafter referred to as "the Minister") of the first part, The Melbourne Harbor Trust Commissioners (hereinafter referred to as "the Commissioners") of the second part and the Commonwealth Aircraft Corporation Proprietary Limited a company incorporated under the Companies Acts (hereinafter referred to as "the company") of the third part with respect to the purchase by and Crown grant to the company of certain land in the city of Port Melbourne for the establishment of an aircraft factory and with respect to enabling the company to use certain other adjacent land in the said city as a landing and testing ground for aircraft and with respect to other matters incidental thereto:

AND WHEREAS the said agreement is expressed to be made subject to the necessary authority of the Parliament of Victoria being obtained:

AND WHEREAS it is expedient to ratify and validate the agreement subject to the provisions of this Act as from the date of execution thereof and to provide that the Minister the Commissioners and the company be authorized and empowered and be deemed to have been authorized and empowered to enter into the agreement and to carry the same into effect:

AND WHEREAS the land which under and subject to the agreement is to be granted to the company (which land is described in the Thirteenth Schedule to the agreement) comprises—

Preamble

the lands described in the Third and Eighth Schedules to the agreement which are now by sub-section (1) of section forty-six of the Melbourne Harbor Trust Act 1928 vested in the Commissioners upon trust for the purposes of the said Act subject to certain estates interests and rights;

the land described in the Eleventh Schedule to the agreement which now forms portion of a street called Lorimer-street proclaimed as a street by proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine[1] pursuant to The Land Act 1884; and

the land described in the Fourth Schedule to the agreement which forms portion of certain land comprised in a Crown grant to the Commonwealth of Australia (hereinafter referred to as "the Commonwealth") dated the first day of March One thousand nine hundred and one and entered in the Register Book of the Office of Titles Volume 5866 Folium 1173142:

AND WHEREAS in order to enable the land described in the said Thirteenth Schedule to be so granted and to carry out its part of the agreement the company has acquired the lands described in the said Fourth Schedule and also the lands described in the Fifth and Sixth Schedules to the agreement (which lands also form portions of the land granted to the Commonwealth by the hereinbefore recited Crown grant) and has under the agreement agreed to transfer and surrender to His Majesty in right of the State of Victoria the land described in the said Fourth Schedule and (as part of the consideration for the grant to it of the lands described in the said Thirteenth Schedule) the lands described in the said Fifth and Sixth Schedules:

AND WHEREAS under and subject to the agreement it is agreed that when the lands described in the said Fourth Fifth and Sixth Schedules are so transferred and surrendered, the land described in the said Fourth Schedule shall with the other lands comprised in the said Thirteenth Schedule be granted to the company, the land described in the said Fifth Schedule shall be proclaimed as a street to form part of Lorimer-street and the lands described in the said Sixth Schedule shall be vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts:

Preamble

AND WHEREAS the land described in the Seventh Schedule to the agreement forms portion of the said Lorimer-street proclaimed as hereinbefore recited:

AND WHEREAS the lands described in the Ninth Tenth and Twelfth Schedules to the agreement form portions of the land vested in the Commissioners as hereinbefore recited:

AND WHEREAS under and subject to the agreement the land described in the said Seventh Schedule is to be vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts and the lands described in the said Tenth and Twelfth Schedules are to be proclaimed as a street to form portion of the said Lorimer-street:

AND WHEREAS under and subject to the agreement the Minister has agreed to introduce into Parliament a Bill to give effect to the agreement and in particular to enable the Governor in Council to make regulations concerning the matters set out in paragraph (a) of clause eighteen of the agreement in respect of the lands described in the said Seventh and Ninth Schedules:

AND WHEREAS in order that the agreement may be carried into effect it is expedient to provide that when in pursuance of the agreement a transfer and surrender to His Majesty in right of the State of Victoria of the lands described in the said Fourth Fifth and Sixth Schedules freed and discharged from all encumbrances is registered in the Office of Titles and the balance of the purchase money as provided in paragraph (a) of clause four of the agreement is paid by the company to the Minister and all proper survey charges, fee for Crown grant and contribution to the assurance fund are paid by the company—

Preamble

the lands described in the said Fourth Fifth and Sixth Schedules shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances limitations and restrictions whatsoever;

the hereinbefore recited proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine so far as the same relates to the lands described in the said Seventh and Eleventh Schedules shall be hereby revoked and that portion of the said Lorimer-street which is described in the said Seventh and Eleventh Schedules shall be closed as a street and shall be and be deemed to be unalienated land of the Crown;

the lands described in the said Third Eighth Tenth and Twelfth Schedules shall be hereby divested from the Commissioners and shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and from every estate interest or right therein;

the Governor in Council may grant the land described in the said Thirteenth Schedule to the company for an estate in fee simple subject to the provisions and conditions referred to in paragraph(a) of clause five of the agreement;

the Governor in Council may pursuant to the Land Acts proclaim the land described in the said Fifth Tenth and Twelfth Schedules as a street to form portion of the said Lorimer-street; and

the lands described in the said Sixth and Seventh Schedules shall be vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts:

Preamble

AND WHEREAS it is expedient to provide that notwithstanding anything in the Melbourne Harbor Trust Acts the Minister shall be empowered to issue permits to such persons as the Minister thinks fit authorizing such persons to enter upon and use for the purposes of a testing field and landing ground for aircraft the lands described in the said Seventh and Ninth Schedules and the Governor in Council shall be empowered to make regulations concerning the matters mentioned in paragraph (a) of clause eighteen of the agreement in respect of the said lands:

AND WHEREAS it is expedient to make provision with respect to the removal of the existing overhead high tension transmission electric line of the State Electricity Commission of Victoria or a part thereof from the land described in Part I of the said Ninth Schedule and with respect to the liability for the cost of such removal and other matters relating thereto as hereinafter provided:

AND WHEREAS the land described in ScheduleB to this Act forms portion of the said Lorimer-street proclaimed as hereinbefore recited and the land described in Schedule C to this Act forms portion of the lands vested in the Commissioners as hereinbefore recited:

AND WHEREAS it is expedient to provide that when the provisions of this Act relating to the agreement have been put into effect so far as the same effect a deviation of the said Lorimer-street the Governor in Council may by proclamation published in the Government Gazette fix a day—

upon which the hereinbefore recited proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine so far as the same relates to the land described in the said Schedule B shall be revoked and the portion of Lorimer-street described in the said Schedule B shall be closed as a street and the said land shall be and be deemed to be unalienated land of the Crown;

upon which the land described in the said ScheduleC shall be divested from the Commissioners and shall be and be deemed to be unalienated land of the Crown freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and from every estate interest or right therein; and

upon or after which the Governor in Council may pursuant to the Land Acts proclaim the land described in the said Schedule C as a street to form portion of the said Lorimer-street:

BE IT THEREFORE ENACTED by the King'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 and commencement

s. 1

This Act may be cited as the Port Melbourne (Aircraft Agreement) Land Act 1937 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2.Definitions

s. 2

In this Act unless inconsistent with the context or subject matter—

"agreement" means the hereinbefore recited agreement (a copy of which is set out in Schedule A to this Act);

"Commission" means the State Electricity Commission of Victoria incorporated under the State Electricity Commission Act 1928;

"Commissioners" means The Melbourne Harbor Trust Commissioners incorporated under the Melbourne Harbor Trust Act 1928 and includes the body corporate or persons for the time being charged with the duties now performed by The Melbourne Harbor Trust Commissioners;

"Company" means the hereinbefore recited Commonwealth Aircraft Corporation Proprietary Limited and includes its assignees and transferees;

"Minister" means the Commissioner of Crown Lands and Survey;

3.Ratification and validation of agreement

Subject to this Act—

(a)the agreement is hereby ratified and validated as from the date of execution thereof;

(b)the Minister the Commissioners and the company are hereby authorized and empowered and shall be deemed to have been authorized and empowered to enter into the agreement and to carry the same into effect; and

(c)the agreement shall take effect notwithstanding anything in the Land Acts, the Melbourne Harbor Trust Acts, or any other Act or enactment.

4.Effects on lands described in Schedules

s. 4

Upon the registration in the Office of Titles in pursuance of the agreement of a transfer and surrender to His Majesty in right of the State of Victoria of the lands described in the Fourth Fifth and Sixth Schedules to the agreement freed and discharged from all encumbrances and the payment by the company to the Minister of the balance of the purchase money as provided in paragraph (a) of clause four of the agreement and the payment by the company of all proper survey charges, fee for Crown grant and contribution to the assurance fund—

(a)the lands described in the said Fourth Fifth and Sixth Schedules shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances limitations and restrictions whatsoever;

(b)(i)the hereinbefore recited proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine so far as the same relates to the lands described in the Seventh and Eleventh Schedules to the agreement shall be hereby revoked;

(ii)that portion of the said Lorimer-street which is described in the said Seventh and Eleventh Schedules shall be hereby closed as a street and all rights easements or privileges existing or claimed as regards the said portion of the said street or the land forming the same either in the public or by any person or body of persons whomsoever or whatsoever 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;

(iii)the lands described in the said Seventh and Eleventh Schedules shall be and be deemed to be unalienated lands of the Crown;

(c)the lands described in the Third Eighth Tenth and Twelfth Schedules to the agreement shall be hereby divested from the Commissioners and shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and from every estate interest or right therein;

(d)the Governor in Council may in the name and on behalf of His Majesty grant the land described in the Thirteenth Schedule to the agreement to the company for an estate in fee simple subject to the provisions and conditions referred to in paragraph (a) of clause five of the agreement;

s. 4

(e)the Governor in Council may pursuant to the Land Acts proclaim the lands described in the said Fifth Tenth and Twelfth Schedules as a street and the lands so proclaimed shall then be deemed to form portion of the said Lorimer-street; and

(f)the lands described in the said Sixth and Seventh Schedules shall be hereby vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts.

5.Consequential amendments

s. 5

Upon the coming into effect of the provisions of paragraphs (c) and (f) of the last preceding section, Part I of the Second Schedule to the Melbourne Harbor Trust Act 1928 shall be hereby amended as follows––

(a)after the words "commencing point" there shall be inserted the expression—

"and the lands described in the Sixth and Seventh Schedules to the agreement set out in Schedule A to the Port Melbourne (Aircraft Agreement) Land Act 1937"; and

(b)after the words "at Melbourne" there shall be inserted the expression—

"and the lands described in the Third Eighth Tenth and Twelfth Schedules to the agreement set out in Schedule A to the Port Melbourne (Aircraft Agreement) Land Act 1937."

6.Power to Minister to issue permits

(1)Notwithstanding anything in the Melbourne Harbor Trust Acts the Minister is hereby empowered to issue permits to such persons as the Minister thinks fit authorizing such persons to enter upon and use for the purposes of a testing field and landing ground for aircraft the lands described in the Seventh and Ninth Schedules to the agreement.

(2)Notwithstanding anything in the Melbourne Harbor Trust Acts the Governor in Council may make regulations for or with respect to—

(a)the care protection and management of the lands described in the said Seventh and Ninth Schedules;

(b)the preservation of good order and decency thereon;

(c)empowering such persons as the Governor in Council thinks fit to remove and eject from the said lands unauthorized persons who may be found thereon; and