{"id":"charlton-land-exchange-act-1980","name":"Charlton (Land Exchange) Act 1980","slug":"charlton-land-exchange-act-1980","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177803,"registerId":"vic-charlton-land-exchange-act-1980-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Charlton (Land Exchange) Act 1980","content":"Version No. 002\n\n**Charlton (Land Exchange) Act 1980**\n\n**No. 9474 of 1980**\n\nVersion as at  \n1 June 2019\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 2\n\n2 Exchange of lands 2\n\n3 No compensation payable by Crown 3\n\n4 Certain lands may be used as an aircraft landing ground 3\n\n5 Certain works to be executed by Corporation of Shire of Charlton 3\n\nSchedules 5\n\nSchedule 1 5\n\nSchedule 2 6\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Amendments Not in Operation 10\n\n4 Explanatory details 11\n\n**Version No.** **002**\n\n**Charlton (Land Exchange) Act 1980**\n\n**No. 9474 of 1980**\n\nVersion as at  \n1 June 2019\n\nAn Act to provide for the Exchange of certain Lands in the Parish of Charlton East, and for other purposes.\n\n**Preamble**\n\nWHEREAS Kevin John Thompson and Mary Margaret Thompson both of Charlton as executor and executrix of the will of Samuel John Thompson deceased are registered as the proprietors in fee simple of the land delineated and shown hatched on the plan in Schedule 1 and being part of the land described in Certificate of Title Volume 7729 Folio 134:\n\nAND WHEREAS the land delineated and shown hatched on the plan in Schedule 2 is land of the Crown:\n\nAND WHEREAS the Corporation of the Shire of Charlton wishes to use the land delineated and shown hatched on the plan in Schedule 1 as a landing ground for aircraft:\n\nAND WHEREAS it is expedient that the land delineated and shown hatched on the plan in Schedule 1 be surrendered to Her Majesty and that in exchange therefor the land delineated and shown hatched on the plan in Schedule 2 be granted in fee simple to the said Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased and that an amount of $3697.00 be paid by the Corporation of the Shire of Charlton to the said Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased and that further provision be made as hereinafter enacted.\n\n**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):**\n\n1 Short title and commencement\n\n(1) This Act may be cited as the **Charlton (Land Exchange) Act 1980**.\n\n(2) This Act shall come into operation on the day on which it receives the Royal Assent.\n\n\t2 Exchange of lands\n\nUpon the registration in the Office of Titles of a transfer and surrender to Her Majesty of the land delineated and shown hatched on the plan in Schedule 1 and on the payment by the Corporation of the Shire of Charlton of a consideration of $3697.00 to Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased—\n\n(a) the said land shall be and be deemed to be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions whatsoever and from every estate or interest therein; and\n\n(b) the land delineated and shown hatched on the plan in Schedule 2 may notwithstanding anything in the **Land Act 1958** be granted to Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased in fee simple, subject to such covenants, conditions, exceptions and reservations as the Governor in Council thinks fit.\n\n\t3 No compensation payable by Crown\n\nExcept as provided in section 2 and in any agreement made pursuant to section 5, no compensation shall be payable by the Crown in respect of any act, matter or thing done under or arising out of this Act.\n\n\t4 Certain lands may be used as an aircraft landing ground\n\nUpon the transfer and surrender to Her Majesty of the land delineated and shown hatched on the plan in Schedule 1, that land shall for the purposes of section 798 of the **Local Government Act 1958** be deemed to be land acquired by the Corporation of the Shire of Charlton.\n\n\t5 Certain works to be executed by Corporation of Shire of Charlton\n\n(1) The Corporation of the Shire of Charlton is hereby authorized and required to enter into an agreement with Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased, providing for—\n\n(a) the fencing of the common boundaries between—\n\n(i) the land delineated and shown hatched on the plan in Schedule 1; and\n\n(ii) the land (other than the land mentioned in subparagraph (i)) described in Certificate of Title Volume 7729 Folio 134 (in this section called \"the residual land\");\n\n(b) access to all parts of the residual land by means of a laneway 20 metres in width and gates;\n\n(c) the excavation of a catchment dam on the residual land; and\n\n(d) such other matters in relation to the residual land, the execution of the works mentioned in paragraphs (a), (b) and (c) and the transfer to Her Majesty of the land delineated and shown hatched on the plan in Schedule 1 as are agreed between the parties.\n\n(2) The Corporation of the Shire of Charlton shall bear—\n\n(a) the cost of the construction or installation of such works as are specified in any agreement entered into pursuant to subsection (1);\n\n(b) the cost of the survey of the lands delineated and shown hatched on the plans in Schedule 1 and Schedule 2; and\n\n(c) all legal costs incurred by or chargeable to the estate of the late Samuel John Thompson in connexion with the preparation of any agreement entered into pursuant to this section and the exchange of lands effected by this Act.\n\n(3) The Corporation of the Shire of Charlton may pay any moneys required to be paid by it pursuant to this Act out of the Municipal Fund.\n\nSchedules\n\nSchedule 1\n\nLand in the Parish of Charlton East shown hatched which may be transferred to Her Majesty, being part of the land described in Certificate of Title Volume 7729 Folio 134:\n\n![]()\n\nSchedule 2\n\nLand in the Parish of Charlton East shown hatched which may be granted to Kevin John Thompson and Mary Margaret Thompson as executor and executrix of the will of Samuel John Thompson deceased:\n\n![]()\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Charlton (Land Exchange) Act 1980** was assented to on 23 December 1980 and came into operation on 23 December 1980: section 1(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the **Charlton (Land Exchange) Act 1980** by Acts and subordinate instruments.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains a narrowly confined, one‑off land exchange as originally enacted; endnotes record no amendments. Its scope is defined by the schedules and the preconditions in section 2 (registration and payment) and the Shire's obligations in section 5 (fencing, access, dam, survey and legal costs). The Crown's liability is limited to the specific exchange (s.3), while the Governor in Council may impose conditions on the grant (s.2(b)); the Act also operates with the Land Act 1958 and Local Government Act 1958 (s.2(b), s.4)."},"complexity_factors":["Narrow, transaction‑specific subject matter (single exchange of defined parcels in Schedules 1 & 2).","Conditional mechanics: transfer and registration plus payment by the Shire are preconditions for the Crown grant (s.2).","Council obligations to contract for fencing, access, dam excavation and to bear construction, survey and legal costs (s.5(1)–(3)) create practical implementation duties and budgetary effects for the Shire.","Crown retains discretion to impose covenants, conditions, exceptions and reservations on the grant (Governor in Council power) (s.2(b)).","Express statutory bar on further Crown compensation limits Crown exposure to the specified arrangements (s.3).","Interacts with other statutes: overrides Land Act 1958 for the grant (s.2(b)) and treats surrendered land as 'acquired' under Local Government Act 1958 for landing‑ground purposes (s.4)."],"plain_english_summary":"Mechanically, this Act effects a one‑off land swap: once the private parcel in Schedule 1 is transferred and surrendered to the Crown and the Shire of Charlton pays $3,697, the Crown parcel in Schedule 2 may be granted in fee simple to the named executors. It affects the named proprietors (the Thompsons), the Shire of Charlton (which must pay and carry out specified works and costs) and the Crown; it matters because it authorises the exchange, allocates payment and construction obligations, and limits Crown liability."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained tightly focused on its original purpose: authorising a specific one-off land exchange in Charlton, Victoria. There is no indication of amendments that expanded or contracted its scope."},"complexity_factors":["Extremely narrow and specific scope — applies to a single historical land transaction","Minimal legislative text available for analysis, limiting full assessment","Typical of 'private' or 'special purpose' Acts which can involve underlying property law complexity (e.g., Crown land reservations, title issues) not visible in the text provided","Remains technically 'in force' despite having no ongoing practical operation, which can create minor interpretive questions"],"plain_english_summary":"The Charlton (Land Exchange) Act 1980 authorised a one-off swap of specified land in Charlton, Victoria, where parliamentary approval was needed because of the land’s special legal status. It only affected the parties to that transaction and has no broader impact. The Act remains technically in force but is essentially historical, having completed its single purpose with no ongoing practical effect."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a private Act with a tightly constrained, single-purpose scope. It has not expanded beyond its original intent of facilitating one specific land exchange in Charlton in 1980. The legislation was designed to be spent (self-executing and then inoperative) once the exchange was completed."},"complexity_factors":["Only 5 operative sections plus 2 schedules (essentially maps)","No defined terms section — all parties and lands are named explicitly","Minimal cross-referencing (only references to Land Act 1958 and Local Government Act 1958)","Linear, sequential logic with no nested conditions or exceptions","Single purpose legislation with no regulatory machinery or enforcement mechanisms","Preamble does the heavy lifting of explaining context, leaving operative provisions straightforward"],"plain_english_summary":"This is a very specific, one-off law from 1980 that facilitates a land swap between a local council and a private family in Charlton, Victoria.\n\n**What it does:**\n- **The exchange:** The Thompson family (specifically Kevin and Mary Thompson, acting as executors of Samuel Thompson's estate) agreed to give up a piece of their land to the Crown (the government). In return, they received a different piece of Crown land, plus $3,697 from the Shire of Charlton.\n- **Why the swap:** The Shire of Charlton wanted the Thompsons' land to use as an aircraft landing ground (a small airstrip).\n- **Sweeteners for the Thompsons:** Besides the cash and the replacement land, the Shire had to:\n  - Build fences around the boundaries\n  - Create a 20-metre wide laneway with gates so the Thompsons could still access their remaining land\n  - Dig a catchment dam on their remaining property\n  - Pay for all surveys and legal costs\n\n**Who it affects:**\n- Primarily the Thompson family estate and the Shire of Charlton\n- Technically, this Act is now spent (completed its purpose) since the exchange would have happened decades ago\n\n**Why it matters:**\nThis is an example of a \"private Act\" — legislation passed to solve a specific problem for specific people, rather than setting general rules for everyone. Before modern planning laws, these Acts were a common way to handle complicated land transactions that needed parliamentary approval. The Act overrides normal land laws (specifically mentioning the Land Act 1958) to make the exchange legally possible."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/charlton-land-exchange-act-1980","history":"/api/acts/charlton-land-exchange-act-1980/history","analysis":"/api/acts/charlton-land-exchange-act-1980/analysis","conflicts":"/api/acts/charlton-land-exchange-act-1980/conflicts","importantCases":"/api/acts/charlton-land-exchange-act-1980/important-cases","documents":"/api/acts/charlton-land-exchange-act-1980/documents"}}