{"id":"eastern-freeway-lands-act-1971","name":"Eastern Freeway Lands Act 1971","slug":"eastern-freeway-lands-act-1971","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177771,"registerId":"vic-eastern-freeway-lands-act-1971-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Eastern Freeway Lands Act 1971","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nEastern Freeway Lands Act 1971\nAct No. 8204/1971\nVersion as at 1 November 1999\nTABLE OF PROVISIONS\nSection Page\n1. Short title 3\n2. Definitions 3\n3. Authority to enter certain lands 4\n4. Minister may recommend lands be made available for highway\nor river 4\n5. Power to Governor in Council to revoke in part certain Orders\nin Council and Crown grant 5\n6. Notice of completion of works 6\n7. Authority to Board to enter upon and to acquire certain lands 7\n__________________\nSCHEDULE 9\n═══════════════\nENDNOTES 10\n1. General Information 10\n2. Table of Amendments 11\n3. Explanatory Details 12\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nEastern Freeway Lands Act 1971\nAct No. 8204/1971\nVersion as at 1 November 1999\nAn Act relating to certain Lands in the Cities of Northcote, Kew\nand Camberwell.\nPreamble\nWHEREAS certain Crown land, designated Yarra\nBend Park, in the parishes of Boroondara and Jika\nJika by Order in Council dated 26th March, 19351\nwas permanently reserved as a site for a public\npark and recreation and by Crown grant dated the\nsame day and entered in the register book of the\nOffice of Titles volume 6443 folium 407 was\ngranted to trustees on trust for that purpose:\nAND WHEREAS by Order in Council dated 13th\nMarch, 19562 certain Crown land in the parish of\nJika Jika was temporarily reserved as a site for\npenal purposes:\nAND WHEREAS by Order in Council dated 16th\nAugust, 19603 certain Crown land in the parish of\nBoroondara was temporarily reserved as a site for a\nguide dog centre:\nAND WHEREAS the lands referred to in the\nSchedule are recreational lands within the meaning\nof the Cultural and Recreational Lands Act\n1963 and it is necessary to provide expressly for\nthe compulsory acquisition of such lands:\nAND WHEREAS the Melbourne and Metropolitan\nBoard of Works proposes to construct a\nmetropolitan main highway to be known as the\nEastern Freeway between Alexandra-parade in the\nCity of Collingwood and Thompsons-road in the\nCity of Camberwell and in connexion with the\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n2\nproposed construction to divert parts of the Yarra\nRiver:\nAND WHEREAS pursuant to the Eastern\nRailway Construction Act 1971 the Railway\nConstruction Board proposes to construct a railway\na part of which will be constructed in association\nwith the highway:\nAND WHEREAS it is expedient—\n(a) to authorize the Melbourne and Metropolitan\nBoard of Works to enter upon and use\nportions of the said reserved Crown lands\nand of the land referred to in the Schedule\nfor the purpose of constructing the highway\nand diverting the river; and\n(b) to authorize the Railway Construction Board\nto enter upon and use portions of the said\nreserved Crown lands and of the land\nreferred to in the Schedule for the purpose of\nconstructing the railway:\nAND WHEREAS it is expedient—\n(a) to make provision for the revocation of the\nsaid Orders in Council and Crown grant so\nfar as they respectively relate to the portions\nof the reserved Crown lands required for the\nhighway the railway and the diversion of the\nriver; and\n(b) to authorize the acquisition of so much of\nthe lands referred to in the Schedule as are\nrequired for the highway the railway and the\ndiversion of the river:\nAND WHEREAS pursuant to section 271 of the\nMelbourne and Metropolitan Board of Works\nAct 1958 the bed soil and banks of the Yarra River\nare vested in the Melbourne and Metropolitan\nBoard of Works and it is expedient to provide that\nafter the diversion as aforesaid the new course of\nthe river shall be vested in, and the former course\nof the river divested from, the said Board of\nWorks:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n3\nAND WHEREAS in relation to the land to be so\ndivested from the Board of Works it is expedient to\nprovide that the said Order in Council and Crown\ngrant dated 26th March, 1935 shall be deemed to\nrelate to so much of that land not required for the\nhighway as is situated in Yarra Bend Park and that\nthe balance of the land shall be deemed to be\nunalienated land of the Crown:\nAND WHEREAS part of the common boundary\nbetween the cities of Kew and Northcote lies along\nthe centre of those parts of the Yarra River which\nare to be diverted as aforesaid and it is expedient to\nprovide that when the diversion has been\ncompleted the common boundary shall be along\nthe centre of the new course of the river:\nAND WHEREAS it is expedient to make other\nprovision as hereinafter provided:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title\nThis Act may be cited as the Eastern Freeway\nLands Act 1971.\n2. Definitions\nIn this Act—\n\"Board of Works\" means the Melbourne and\nMetropolitan Board of Works;\n\"highway\" means the metropolitan main\nhighway, to be known as the Eastern\nFreeway, to be constructed by the Board of\nWorks between Alexandra-parade in the City\nof Collingwood and Thompsons-road in the\nCity of Camberwell;\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n4\n\"railway\" means so much of the railway to be\nconstructed by the Railway Construction\nBoard pursuant to the Eastern Railway\nConstruction Act 1971 as is to be\nconstructed in association with the highway.\n3. Authority to enter certain lands\nNotwithstanding anything in the Land Act 1958\nor in the abovementioned Orders in Council\nrespectively dated 26th March, 1935, 13th March,\n1956 and 16th August, 1960 or Crown grant dated\n26th March, 1935 it shall be lawful—\n(a) for the Board of Works its servants agents\nand workmen and all persons authorized by\nit so far as is necessary for or in connexion\nwith the construction of the highway or the\ndiversion of the Yarra River; and\n(b) the Railway Construction Board its servants\nagents and workmen and all persons\nauthorized by it so far as is necessary for or\nin connexion with the construction of the\nrailway—\nto enter into and upon and to use any portions of\nthe lands reserved by the said Orders in Council or\ncontained in the said Crown grant.\n4. Minister may recommend lands be made available\nfor highway or river\nOn submission to the Minister of a plan or plans\nof survey signed by the Surveyor-General\nshowing the portions of the lands reserved by the\nsaid Orders in Council or contained in the said\nCrown grant on which the highway has been\nconstructed or the Yarra River diverted or on\nwhich the railway has been or is to be constructed\nthe Minister may recommend to the Governor in\nCouncil that the said lands, not exceeding in the\ncase of Yarra Bend Park 36 acres, the guide dog\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n5\ncentre reserve 3 roods and the penal purposes\nreserve 10 perches, be made available for those\npurposes.\n5. Power to Governor in Council to revoke in part\ncertain Orders in Council and Crown grant\n(1) The Governor in Council may on receiving any\nsuch recommendation by proclamation published\nin the Government Gazette revoke and make null\nand void so far as they relate to any land referred\nto in the recommendation and defined in the\nproclamation—\n(a) the Order in Council dated 26th March, 1935\npermanently reserving certain land in the\nparishes of Boroondara and Jika Jika as a site\nfor a public park and recreation and the\nCrown grant dated the same day and entered\nin the register book of the Office of Titles\nvolume 6443 folium 407;\n(b) the Order in Council dated 13th March, 1956\ntemporarily reserving certain land in the\nparish of Jika Jika as a site for penal\npurposes; and\n(c) the Order in Council dated 16th August,\n1960 temporarily reserving certain land in\nthe parish of Boroondara as a site for a guide\ndog centre.\n(2) On the day on which a proclamation as aforesaid\nis published in the Government Gazette—\n(a) in addition to any revocation of the Orders in\nCouncil specified in sub-section (1), every\nother Order in Council or proclamation so far\nas it reserves or affects or purports to reserve\nor affect the land defined in the proclamation\nshall also be revoked; and\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n6\n(b) notwithstanding anything in any Act the land\nso defined shall be and be deemed to be\nunalienated land of the Crown freed and\ndischarged from all trusts, encumbrances,\nreservations, limitations and restrictions\nwhatsoever and from every estate or interest\ntherein.\n6. Notice of completion of works\n(1) On completion of the works in connexion with the\ndiversion of the Yarra River the Board of Works\nshall cause notice of such completion to be\npublished in the Government Gazette.\n(2) Upon publication of the notice—\n(a) the former river course shall be divested\nfrom the Board of Works and the bed soil\nand banks of the new course of the river shall\nbe deemed to be vested in the Board of\nWorks pursuant to section 271 of the\nMelbourne and Metropolitan Board of\nWorks Act 1958;\n(b) the Order in Council dated 26th March, 1935\npermanently reserving certain land as a site\nfor a public park and recreation and the\nCrown grant dated the same day whereby the\nsaid land was granted to trustees on trust for\nthat purpose and all regulations made in\nrespect of that land shall be deemed and\ntaken for all purposes to relate also to so\nmuch of the former river course not required\nfor the highway as is situated in Yarra Bend\nPark;\n(c) the balance of the former river course shall\nbe deemed to be unalienated land of the\nCrown freed and discharged from all trusts\nencumbrances reservations limitations and\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n7\nrestrictions whatsoever and from every estate\nor interest therein; and\n(d) so much of the common boundary between\nthe cities of Kew and Northcote as before the\ndiversion lay along the centre of the former\nriver course shall lie along the centre of the\nnew course of the river.\n(3) In this section \"former river course\" means the\nbed soil and banks that as the result of the\ndiversion of the Yarra River under this Act cease\nto be part of the course of the river.\n7. Authority to Board to enter upon and to acquire\ncertain lands\n(1) In accordance with an agreement between the\nBoard of Works or the Railway Construction\nBoard and the registered proprietors of the\nrespective lands referred to in the Schedule or, in\nrespect of any of those lands in relation to which\nagreement as aforesaid is not reached, with the\nauthority of and in accordance with any directions\ngiven by the Minister for Local Government—\n(a) the Board of Works its servants agents and\nworkmen and all persons authorized by it so\nfar as it is necessary for and in connexion\nwith the construction of the highway or the\ndiversion of the Yarra River; and\n(b) the Railway Construction Board its servants\nagents and workmen and all persons\nauthorized by it so far as it is necessary for\nand in connexion with the construction of the\nrailway—\nmay enter into and upon and use any portion of\nthe lands referred to in the Schedule.\ns. 7\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n8\n(2) The Board of Works shall on completion of the\nhighway and the diversion of the Yarra River\nacquire by agreement or compulsorily in\naccordance with the provisions of the Melbourne\nand Metropolitan Board of Works Act 1958,\nother than section 232, so much of the several\nlands referred to in the Schedule as is required for\nthe highway the railway and the diversion of the\nriver, but in no case shall the Board of Works\nacquire from any of those lands more than the\nmaximum areas respectively specified in the\nSchedule in relation thereto.\n(3) For the purposes of determining compensation in\nrespect of any acquisition of land under sub-\nsection (2) notice to treat for the purposes of the\nValuation of Land Act 1960 shall be deemed to\nhave been given on the date on which entry under\nsub-section (1) was made into and upon the land\nconcerned.\n(4) The Board of Works may, on such terms and\nconditions as are agreed upon with the Railway\nConstruction Board, transfer to the Railway\nConstruction Board so much of the land acquired\nby it under sub-section (2) as is required for the\npurposes of the railway.\n__________________\ns. 7\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n9\nSCHEDULE\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n10\nENDNOTES\n1. General Information\nThe Eastern Freeway Lands Act 1971 was assented to on 7 December 1971\nand came into operation on 7 December 1971.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n11\n2. Table of Amendments\nThere are no amendments made to the Eastern Freeway Lands Act 1971 by\nActs and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8204/1971\nEastern Freeway Lands Act 1971\n12\n3. Explanatory Details\n1 Preamble: Government Gazette 3 April 1935 page 1096.\n2 Preamble: Government Gazette 14 March 1956 page 1372.\n3 Preamble: Government Gazette 24 August 1960 page 2871.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act implements the construction, river diversion and land‑acquisition scheme described in its preamble and confines changes to specified parcels and procedures (Preamble; ss3–7). It grants entry, revocation, vesting/divesting and acquisition powers limited by area caps and procedural steps; the text does not expand scope beyond those stated purposes."},"complexity_factors":["Interaction with pre-existing Orders in Council and a Crown grant and power to revoke them by proclamation (s5; Preamble).","Different legal effects for entry/use (immediate statutory authorisation) versus later acquisition and compensation (s3; s7(1)–(2)).","Vesting and divesting of river bed, soil and banks upon publication of completion notice and associated municipal boundary change (s6(1)–(2)).","Deemed date for notice to treat for valuation/compensation set at date of entry (s7(3)).","Express upper area limits for acquisitions referenced to the Schedule and capped maxima (s4; s7(2); Schedule).","Multiple cross‑references to other Acts and instruments (Land Act 1958, Melbourne and Metropolitan Board of Works Act 1958, Eastern Railway Construction Act 1971, Valuation of Land Act 1960) increasing legal interdependence (Preamble; ss3,7).","Administrative discretions and decision points concentrated with the Minister, Minister for Local Government and Governor in Council (s4; s5; s7(1)).","Coordination required between two statutory authorities (Board of Works and Railway Construction Board) including possible transfers of land between them (s7(4))."],"plain_english_summary":"Authorises the Melbourne and Metropolitan Board of Works and the Railway Construction Board to enter reserved Crown and specified lands to build the Eastern Freeway, an associated railway, and to divert part of the Yarra River. It allows the Governor in Council to revoke park or reserve orders and Crown grants for land actually used, vests/divests riverbed on completion, and shifts the municipal boundary.\n\nThe Board must acquire and pay compensation for land taken; the Minister recommends areas and may direct acquisition where owners do not agree."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient text was provided to determine whether the Act's scope changed from its original intent. The version history indicates it exists in both 'as made' and consolidated forms, suggesting amendments have occurred, but the nature of any scope changes cannot be assessed from the available information."},"complexity_factors":["Insufficient legislative text provided to assess actual provisions, making full analysis impossible","Age of the Act (1971) means it may interact with subsequent Victorian planning and roads legislation in complex ways","Compulsory land acquisition laws typically involve procedural complexity around compensation and appeals","The Act being still 'in force' after 50+ years suggests possible ongoing legal obligations that may have evolved alongside other legislation"],"plain_english_summary":"The Eastern Freeway Lands Act 1971 is a Victorian law that enabled government control over land for the Eastern Freeway corridor in Melbourne, chiefly to acquire and manage property needed for the road. It affects landowners, residents and businesses in the freeway’s alignment and the state road authorities that manage it. Because the Act remains in force, it can still impose rights, restrictions or management obligations on land along the freeway."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the Eastern Freeway and associated railway through specific parcels of land in Northcote, Kew and Camberwell. The Act has not been amended since 1971 (as confirmed by the Table of Amendments), and its scope has not expanded beyond the original infrastructure project."},"complexity_factors":["Only 7 operative sections plus a Schedule (which appears empty in this version)","Minimal defined terms (only 3 definitions in section 2)","Straightforward conditional logic with clear triggers (e.g., Gazette publication dates)","No cross-references to other legislation beyond standard machinery provisions (Land Act 1958, Melbourne and Metropolitan Board of Works Act 1958, Valuation of Land Act 1960)","Single purpose legislation with narrow geographic and temporal scope","Preamble is lengthy but purely historical/descriptive rather than creating legal complexity","No nested exceptions or recursive definitions"],"plain_english_summary":"This 1971 Victorian law was created to make way for the Eastern Freeway and an associated railway line through Melbourne's inner-eastern suburbs (Northcote, Kew and Camberwell).\n\n**What it does:**\n- **Allows entry onto protected land**: It gives the Melbourne and Metropolitan Board of Works (the old water and planning authority) and the Railway Construction Board power to enter and use three specific areas of Crown land that were previously reserved for other purposes—Yarra Bend Park (public parkland), a former prison site, and a guide dog centre.\n- **Changes land ownership**: It lets the Governor in Council (the Victorian executive government) revoke previous protections on these lands so they can be used for the freeway and railway.\n- **Diverts the Yarra River**: It authorises diverting part of the Yarra River to make room for the freeway, and transfers ownership of the riverbed from the old course to the new course.\n- **Acquires private land**: It allows compulsory acquisition (forced purchase) of specific private properties listed in the Schedule, with maximum area limits for each property.\n- **Adjusts council boundaries**: It moves the boundary between the Cities of Kew and Northcote to follow the new river course instead of the old one.\n\n**Who it affects:**\n- Property owners in the Schedule (mostly in Northcote, Kew and Camberwell) who had parts of their land compulsorily acquired.\n- The Melbourne and Metropolitan Board of Works (now part of Melbourne Water and VicRoads) and the Railway Construction Board.\n- The general public, by enabling construction of the Eastern Freeway.\n\n**Why it matters:**\nThis is a classic example of \"project-specific\" legislation from the 1970s infrastructure boom. Rather than using general planning laws, Parliament passed a dedicated Act to override multiple layers of land protection—parkland reservations, Crown grants, and river ownership—to push through a major road project. It shows how governments can use specific statutes to bypass normal planning restrictions when building major infrastructure."}},"importantCases":[],"_links":{"self":"/api/acts/eastern-freeway-lands-act-1971","history":"/api/acts/eastern-freeway-lands-act-1971/history","analysis":"/api/acts/eastern-freeway-lands-act-1971/analysis","conflicts":"/api/acts/eastern-freeway-lands-act-1971/conflicts","importantCases":"/api/acts/eastern-freeway-lands-act-1971/important-cases","documents":"/api/acts/eastern-freeway-lands-act-1971/documents"}}