{"id":"eltham-land-act-1975","name":"Eltham Land Act 1975","slug":"eltham-land-act-1975","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178133,"registerId":"vic-eltham-land-act-1975-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Eltham Land Act 1975","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nEltham Land Act 1975\nAct No. 8735/1975\nVersion incorporating amendments as at 7 August 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 2\n2. Definitions 2\n3. Power to lease certain land 2\n4. No compensation payable by Crown 3\n__________________\nSCHEDULE—Land in the Township of Eltham which may be\nleased by the corporation 4\n═══════════════\nENDNOTES 5\n1. General Information 5\n2. Table of Amendments 6\n3. Explanatory Details 7\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nEltham Land Act 1975\nAct No. 8735/1975\nVersion incorporating amendments as at 7 August 2000\nAn Act relating to certain Crown land in the Township of\nEltham.\nPreamble\nWHEREAS an Order in Council of the 29th day of\nJune, 19651 permanently reserved certain Crown\nland in the township of Eltham now known as\nEltham Lower Park (hereinafter called \"the\nreserve\") as a site for public recreation:\nAND WHEREAS pursuant to section 221 of the\nLand Act 1958 the corporation of the Shire of\nEltham was on the 22nd day of April, 19702\nappointed the committee of management of the\nreserve:\nAND WHEREAS the land delineated and shown\nhatched on the plan in the Schedule (hereinafter\ncalled \"the railway land\") is part of the reserve\nupon which certain engine sheds, station buildings,\nplatforms and associated amenities of a miniature\nrailway stand:\nAND WHEREAS the railway land is used for the\ncarriage of passengers on the miniature railway:\nAND WHEREAS it is expedient to authorize the\ncorporation as committee of management to grant\nleases of the whole or any part of the railway land\nand to make other provision as hereinafter enacted:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8735/1975\nEltham Land Act 1975\n2\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 and commencement\n(1) This Act may be cited as the Eltham Land Act\n1975.\n(2) This Act shall come into operation on the day on\nwhich it receives the Royal Assent.\n2. Definitions\nIn this Act—\n\"corporation\" means the corporation of the Shire\nof Eltham;\n\"the reserve\" means the lands referred to in the\nhereinbefore recited Order in Council of the\n29th day of June, 1965.\n3. Power to lease certain land\n(1) Notwithstanding anything to the contrary in any\nAct, the corporation as committee of management\nof the reserve may from time to time grant leases\nof the whole or any part of the land delineated and\nshown hatched on the plan in the Schedule for the\npurpose of operating a miniature railway and\namenities connected therewith.\n(2) A lease granted under this section—\n(a) shall be subject to such covenants conditions\nexceptions and reservations as the\ncorporation thinks fit;\n(b) shall be for a term not exceeding 21 years;\nand\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8735/1975\nEltham Land Act 1975\n3\n(c) shall be subject to approval by the Governor\nin Council.\n(3) The moneys received by way of rent under any\nlease granted under this section shall be applied\nby the corporation towards the maintenance and\nimprovement of any part of the reserve not leased\nunder this section or for any other purpose\napproved by the Minister.\n4. No compensation payable by Crown\nNo compensation shall be payable by the Crown\nin respect of any act matter or thing done under or\narising out of this Act.\n__________________\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8735/1975\nEltham Land Act 1975\n4\nSCHEDULE\nLAND IN THE TOWNSHIP OF ELTHAM WHICH MAY BE LEASED\nBY THE CORPORATION\n═══════════════\nSection 3.\nSch.\namended by\nNo. 9987 s. 2.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8735/1975\nEltham Land Act 1975\n5\nENDNOTES\n1. General Information\nThe Eltham Land Act 1975 was assented to on 21 October 1975 and came\ninto operation on 21 October 1975: section 1(2).\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8735/1975\nEltham Land Act 1975\n6\n2. Table of Amendments\nThis Version incorporates amendments made to the Eltham Land Act 1975\nby Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEltham Land (Amendment) Act 1983, No. 9987/1983\nAssent Date: 6.12.83\nCommencement Date: 6.12.83: s. 1(3)\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8735/1975\nEltham Land Act 1975\n7\n3. Explanatory Details\n1 Preamble: Government Gazette 7 July 1965 page 2186.\n2 Preamble: Government Gazette 6 May 1970 page 1253.\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":2,"scope_assessment":{"changed":true,"description":"The Act's practical scope was altered by amendment: the Schedule identifying leasable land was amended by the Eltham Land (Amendment) Act 1983 (No. 9987) s.2, changing which land the corporation may lease (see Table of Amendments)."},"complexity_factors":["Narrow subject matter: applies only to the specific hatched \"railway land\" in the Schedule (Preamble; Sch).","Simple leasing regime: authorises leases limited to 21 years (s3(2)(b)).","Administrative discretion: corporation may set covenants, conditions, exceptions and reservations for leases (s3(2)(a)), and leases require Governor in Council approval (s3(2)(c)).","Financial direction: rent must be applied to reserve maintenance or Minister‑approved purposes, creating an earmarking obligation (s3(3)).","No compensation clause reduces Crown liability for acts under the Act (s4).","Amendment history: the Schedule was later amended, which affects the precise scope of leasable land (Table of Amendments — Eltham Land (Amendment) Act 1983)."],"plain_english_summary":"This Act lets the Shire of Eltham, as committee of management of Eltham Lower Park, grant leases of the specific hatched \"railway land\" to operate a miniature railway and related amenities for terms up to 21 years, subject to Governor in Council approval (s3). Rent proceeds must be used for maintaining or improving the remainder of the reserve or other Minister‑approved purposes (s3(3)). Lessees pay rent; the Crown is not liable for compensation for acts done under the Act (s4)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no evidence the scope changed from its original intent. The Act appears to have been passed for a specific, narrow purpose relating to Eltham land and remains in that original form. No amending Acts or version changes are indicated in the version history beyond the original 'as made' version."},"complexity_factors":["Very limited scope — applies to a single locality or land parcel","Insufficient text provided to assess technical legal complexity of operative provisions","Appears to be a single-purpose transactional Act, which are typically straightforward","Age of the Act (1975) may create complexity if terminology or land descriptions use outdated legal conventions"],"plain_english_summary":"The Eltham Land Act 1975 is a Victorian statute dealing with a specific parcel(s) of land in Eltham, authorising a particular government land transaction (transfer, reservation or development). It chiefly affects local landowners, the municipal council and state agencies with an interest in that site. Its main relevance is historical and title-related: the Act’s effects are still in force and may matter if you own, occupy or research that Eltham property."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling the Shire of Eltham to lease railway land for a miniature railway operation. The only amendment in 1983 merely updated the Schedule reference without expanding the scope or purpose of the Act."},"complexity_factors":["Only 4 operative sections (excluding preamble and schedule)","Just 2 defined terms in the interpretation section ('corporation' and 'the reserve')","Single purpose legislation with no cross-references to other Acts except a historical reference to the Land Act 1958 in the preamble","No conditional logic, exceptions, or nested provisions","Straightforward procedural requirements (21-year cap, Governor in Council approval)","Only one amendment since 1975 (1983 amendment to the Schedule plan reference)"],"plain_english_summary":"**What this law does:**\n\nThis is a very specific, local law that gives the Shire of Eltham (the local council) special permission to lease out a small piece of public parkland to a miniature railway operator.\n\n**The backstory:**\n- In 1965, the Victorian government set aside land in Eltham (a suburb of Melbourne) as a public park called Eltham Lower Park.\n- In 1970, the Shire of Eltham was put in charge of managing this park.\n- Part of the park already had a miniature railway built on it—complete with engine sheds, station buildings, and platforms.\n- Normally, councils can't lease out public parkland for private or commercial uses without jumping through legal hoops. This Act cuts through that red tape.\n\n**What the law allows:**\n- The Shire of Eltham can grant leases for the railway land (shown on a map in the Schedule) specifically for running a miniature railway and related facilities.\n- Leases can last up to **21 years**.\n- The council can set whatever terms and conditions it likes on these leases.\n- But the final lease must be approved by the **Governor in Council** (the Premier and senior ministers acting on the Governor's behalf).\n- Any rent money collected must go back into maintaining the rest of the park, or be used for other purposes approved by the relevant Minister.\n\n**Who it affects:**\n- Primarily the Shire of Eltham (now part of the Shire of Nillumbik after council amalgamations) and anyone operating the miniature railway.\n- Also protects the Victorian government—section 4 makes clear the Crown (the State) won't pay compensation for anything done under this Act.\n\n**Why it matters:**\nThis is a classic example of a \"private Act\"—legislation drafted to solve one specific, local problem. Without it, the miniature railway operating in the park would have been in a legal grey area, and the council wouldn't have clear authority to formalise arrangements with the railway operators. It lets a community asset (the miniature railway) continue operating legally on public land."}},"importantCases":[],"_links":{"self":"/api/acts/eltham-land-act-1975","history":"/api/acts/eltham-land-act-1975/history","analysis":"/api/acts/eltham-land-act-1975/analysis","conflicts":"/api/acts/eltham-land-act-1975/conflicts","importantCases":"/api/acts/eltham-land-act-1975/important-cases","documents":"/api/acts/eltham-land-act-1975/documents"}}