{"id":"fitzroy-edinburgh-gardens-lands-act-1967","name":"Fitzroy (Edinburgh Gardens) Lands Act 1967","slug":"fitzroy-edinburgh-gardens-lands-act-1967","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176425,"registerId":"vic-fitzroy-edinburgh-gardens-lands-act-1967-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fitzroy (Edinburgh Gardens) Lands Act 1967","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nFitzroy (Edinburgh Gardens) Lands Act\n1967\nAct No. 7627/1967\nVersion incorporating amendments as at 8 August 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title 3\n2. Definitions 4\n3. Redefinition of land reserved as public park and garden 4\n4. Closure of part of Freeman-street 4\n5. Appointment of corporation in lieu of Fitzroy council as\ncommittee of management 5\n6. Power to corporation to grant leases of lands in First Schedule 5\n7. Authority and direction to Registrar of Titles to make\nnecessary cancellations and entries 6\n8. Application of Local Government Act 1958 6\n9. No compensation payable by Crown 6\n__________________\nSCHEDULES 7\nSCHEDULE 1 7\nSCHEDULE 2 8\n═══════════════\nENDNOTES 9\n1. General Information 9\n2. Table of Amendments 10\n3. Explanatory Details 11\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nFitzroy (Edinburgh Gardens) Lands Act\n1967\nAct No. 7627/1967\nVersion incorporating amendments as at 8 August 2000\nAn Act relating to certain Lands at Fitzroy.\nPreamble\nWHEREAS certain land at Fitzroy having an area\nof 33 acres 3 roods and 23 perches was\npermanently reserved by Order in Council of the\n24th day of October, 18811, as a site for public\npark and garden and by Crown grant dated\n12th day of April, 18822, granted to the Board of\nLand and Works and the Mayor Councillors and\nCitizens of the City of Fitzroy and is known as\nEdinburgh Gardens:\nAND WHEREAS—\n(a) certain other land at Fitzroy was by Order in\nCouncil of the 19th day of June, 18833,\npermanently reserved as a site for public\npark and garden in addition to and adjoining\nthe site permanently reserved for the same\npurpose by the said Order in Council of the\n24th day of October, 1881, and was by\nCrown grant4 dated the same day granted to\nthe Board of Land and Works and the Mayor\nCouncillors and Citizens of the City of\nFitzroy;\n(b) the area of the land reserved by the said\nOrder in Council of the 19th day of June,\n1883, was 7 acres 3 roods and 37 perches\nbut the area thereof specified in the said\nCrown grant is 8 acres and 17 perches:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n2\nAND WHEREAS each of the said Crown grants—\n(a) provides that the land thereby granted and\nthe buildings for the time being thereon\nshould be at all times thereafter maintained\nand used as and for a site for a public park\nand garden and offices and conveniences\nconnected therewith and for no other\npurpose whatsoever; and\n(b) contains a reservation of the use of all such\nparts of the land granted as should be\nrequired for making railways:\nAND WHEREAS by a transfer registered in the\nOffice of Titles on the 22nd day of June, 1888, an\narea of 7 acres 3 roods and 1444/10 perches being\npart of the lands comprised in the said Crown\ngrants was transferred to the Victorian Railways\nCommissioners:\nAND WHEREAS by Order in Council of the 2nd\nday of October, 19175, the council of the City of\nFitzroy was appointed a committee of management\nof the Edinburgh Gardens:\nAND WHEREAS—\n(a) the several pieces of land delineated on the\nplan in the First Schedule and having the\nareas indicated on the said plan are\nrespectively used for the purposes of cricket\nand football bowls and tennis as indicated on\nthe said plan and for purposes connected\ntherewith;\n(b) the land delineated and shown hatched on\nthe plan in the Second Schedule is part of a\nGovernment road known as Freeman-street;\n(c) the said land delineated and shown hatched\non the plan in the Second Schedule is part of\nthe piece of land delineated on the plan in\nthe First Schedule used for the purposes of\ncricket and football but otherwise the several\npieces of land delineated on the plan in the\nFirst Schedule are parts of the lands reserved\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n3\nas aforesaid which remain untransferred in\nthe said Crown grants:\nAND WHEREAS it is expedient—\n(a) that the land delineated and shown hatched\non the plan in the Second Schedule be\nclosed as a road and be included in the\nreservation made by the said Order in\nCouncil of the 24th day of October, 1881,\nand in the Crown grant dated the 12th day of\nApril, 1882;\n(b) that the appointment of the council of the\nCity of Fitzroy as a committee of\nmanagement of the Edinburgh Gardens be\nrevoked and that the corporation of the\nmunicipality of Fitzroy be appointed a\ncommittee of management of the lands now\ncomprised in the said Crown grants and the\nland described in the Second Schedule;\n(c) that the said corporation be empowered to\ngrant leases of the said pieces of land\ndelineated on the plan in the First Schedule;\nand\n(d) to make other provision as hereinafter\nenacted:\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 Fitzroy (Edinburgh\nGardens) Lands Act 1967.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n4\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n\"corporation\" means the Mayor Councillors and\nCitizens of the City of Fitzroy;\n\"council\" means the council of the City of\nFitzroy.\n3. Redefinition of land reserved as public park and\ngarden\nThe hereinbefore recited Order in Council of the\n19th day of June, 1883, shall be deemed to have\nbeen made in respect of the land having an area of\n8 acres and 17 perches described in the\nhereinbefore recited Crown grant of the same\ndate.\n4. Closure of part of Freeman-street\n(1) The land delineated and shown hatched on the\nplan in the Second Schedule being part of the\nGovernment road known as Freeman-street shall\ncease to be part of a road and all rights easements\nor privileges existing or claimed either in the\npublic or by any body or person whatsoever or\nwhomsoever as incident to any past dedication or\nsupposed dedication thereof or by any past user\nthereof or by any fiction of law shall cease and\ndetermine and the said land shall be deemed to be\nunalienated land of the Crown.\n(2) The hereinbefore recited Order in Council of the\n24th day of October, 1881, and the hereinbefore\nrecited Crown grant dated the 12th day of April,\n1882, shall be deemed and taken for all purposes\nto relate also to the land referred to in sub-\nsection (1).\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n5\n5. Appointment of corporation in lieu of Fitzroy\ncouncil as committee of management\nThe hereinbefore recited Order in Council of the\n2nd day of October, 1917, appointing the council\na committee of management of the Edinburgh\nGardens shall be revoked and the corporation shall\nbe a committee of management of the lands\nremaining untransferred in or to be deemed by\nvirtue of sub-section (2) of section 4 to be\ncomprised in the said Crown grants dated the\n12th day of April, 1882, and the 19th day of June,\n1883.\n6. Power to corporation to grant leases of lands in\nFirst Schedule\n(1) The corporation as the committee of management\nof the lands remaining untransferred in or to be\ndeemed as aforesaid to be included in the said\nCrown grants may notwithstanding anything in\nthe said Crown grants or in any Act from time to\ntime grant leases of the whole or any part of each\nof the pieces of land delineated on the plan in the\nFirst Schedule for the purposes of the sport or\nrecreation respectively indicated on the said plan\nor social activities or purposes connected\ntherewith including the erection of buildings.\n(2) A lease 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\n(c) shall if the term exceeds three years be\nsubject to approval by the Governor in\nCouncil.\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n6\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 the whole or any part of the lands\nof which it is committee of management under\nthis Act except the parts leased or for such other\npurposes as the Minister in any particular case\napproves.\n7. Authority and direction to Registrar of Titles to\nmake necessary cancellations and entries\nThe Registrar of Titles is hereby authorized and\ndirected to make all such cancellations of or\nentries upon any Crown grant or duplicate Crown\ngrant or other document as may be necessary or\nexpedient in consequence of this Act and the\nholder of any relevant duplicate Crown grant or\nother document shall produce it to the Registrar of\nTitles for that purpose.\n8. Application of Local Government Act 1958\nThe provisions of section 802A of the Local\nGovernment Act 1958 shall apply in relation to\nthe lands remaining untransferred or to be deemed\nby virtue of section 4 to be included in the said\nCrown grants dated the 12th day of April, 1882,\nand the 19th day of June, 1883.\n9. No compensation payable by Crown\nNo person or body of persons whosoever or\nwhatsoever shall be entitled to receive or shall\nreceive from Her Majesty any money or\nconsideration or compensation in respect of or in\nany manner whatsoever arising out of any act\nmatter or thing under this Act.\n__________________\nS. 6(3)\namended by\nNo. 41/1987\ns. 103(Sch. 4\nitem 22.1).\ns. 7\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n7\nSCHEDULES\nFIRST SCHEDULE\nLands, being parts of the land permanently reserved by Order in Council of\n24th October, 1881, as a site for public park and garden together with\npart of a Government road known as Freeman-street and now comprised\nin or by virtue of this Act to be deemed to be comprised in Crown grant\nvolume 1368 folium 273446, in respect of which the corporation as\ncommittee of management thereof may grant leases pursuant to section 6\nof this Act.\n_______________\nPreamble,\nsection 6.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n8\nSECOND SCHEDULE\nLand being part of a Government road known as Freeman-street which is to\nbe closed as a road and to be deemed to be included in the reservation of\nland as a site for public park and garden made by Order in Council of\n24th October, 1881, and in Crown grant volume 1368 folium 273446.\n═══════════════\nSch. 2\nPreamble,\nsection 4.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n9\nENDNOTES\n1. General Information\nThe Fitzroy (Edinburgh Gardens) Lands Act 1967 was assented to on\n12 December 1967 and came into operation on 12 December 1967.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n10\n2. Table of Amendments\nThis Version incorporates amendments made to the Fitzroy (Edinburgh\nGardens) Lands Act 1967 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nConservation, Forests and Lands Act 1987, No. 41/1987\nAssent Date: 19.5.87\nCommencement Date: S. 103(Sch. 4 item 22.1) on 1.7.87: Government\nGazette 24.6.87 p. 1694\nCurrent State: This information relates only to the provision/s\namending the Fitzroy (Edinburgh Gardens) Lands\nAct 1967\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7627/1967\nFitzroy (Edinburgh Gardens) Lands Act 1967\n11\n3. Explanatory Details\n1 Preamble: Government Gazettes 23 September 1881 page 2669 and\n28 October 1881 page 2944.\n2 Preamble: Crown grant volume 1368 folio 273446.\n3 Preamble: Government Gazettes 11 May 1883 page 985 and 22 June 1883\npage 1492.\n4 Preamble: Crown grant volume 1480 folio 295996.\n5 Preamble: Government Gazette 10 October 1917 page 3208.\nEndnotes","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to retain its original narrow scope — addressing a specific parcel of land at Edinburgh Gardens, Fitzroy. There is no indication from the version history of substantive amendments that would suggest the scope has broadened or narrowed from its original intent. The Act remains in force in its 'as made' form."},"complexity_factors":["Narrow, site-specific scope limited to a single parcel of land in one suburb","Single-purpose Victorian legislation typical of the era — usually straightforward in structure","No substantive text was provided beyond the title and version history, preventing deeper analysis","1967 vintage legislation may use older legal drafting conventions that require interpretation","Likely involves interaction with broader Victorian Crown land or local government legislation, adding minor cross-referencing complexity"],"plain_english_summary":"The Fitzroy (Edinburgh Gardens) Lands Act 1967 is a Victorian law concerning the legal status and ownership/use of specific parcels within Edinburgh Gardens, Fitzroy. It likely reserves or confirms land for public recreation, clarifies title, or transfers management between government bodies. It affects the local council, the State of Victoria, nearby property holders and park users — and matters because it fixes the land’s legal status, limiting sale or development without further legislation."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act changes the prior legal regime for Edinburgh Gardens by declaring the 1883 reservation to be the larger area shown in the Crown grant (s.3), closing and assimilating part of Freeman‑street into the park (s.4), revoking the earlier committee appointment and appointing the municipal corporation as manager (s.5), and empowering that corporation to grant leases for sporting and related purposes despite the original Crown grant restrictions (s.6). It further requires title amendments (s.7), applies section 802A of the Local Government Act (s.8) and removes any entitlement to compensation from the Crown for acts under the Act (s.9)."},"complexity_factors":["Interaction with historic Orders in Council and Crown grants requiring redefinition of reserved land (preamble; s.3; s.4)","Extinguishment of public and private rights or easements on road closure (s.4(1))","Delegated management and lease-making power to municipal corporation with statutory limits and Governor in Council approval for terms over three years (s.5; s.6(2)(b),(c))","Financial control over rental income directed to maintenance but subject to Ministerial approval for other uses (s.6(3))","Mandatory title amendments and production of duplicate Crown grants to Registrar of Titles (s.7)","Application of the Local Government Act provision to these lands, importing additional statutory regime (s.8)","A statutory bar on compensation claims against the Crown arising from the Act (s.9)","Dependence on plans and schedules (maps/area descriptions) for precise boundaries and operational effect (Schedules)"],"plain_english_summary":"This Act closes part of Freeman Street and adds it to Edinburgh Gardens, redefines an 1883 land reservation, appoints the Fitzroy municipal corporation as committee of management and authorises that corporation to grant leases (up to 21 years) for sporting/recreational uses and related buildings, with Governor in Council approval required for leases over three years. Rent must be applied to park maintenance, the Registrar of Titles must update records, the Local Government Act provision applies, and the Crown is not liable to pay compensation. It affects the municipality, park users and prospective lessees."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: rectifying the legal status of Edinburgh Gardens land, closing Freeman Street, and enabling sporting leases. The single amendment in 1987 merely updated the ministerial approval mechanism in section 6(3) without expanding the Act's scope."},"complexity_factors":["Very short statute (only 9 operative sections plus schedules)","Only 2 defined terms ('corporation' and 'council')","Minimal cross-referencing (only to the Local Government Act 1958 in one section)","Simple conditional logic (lease terms over 3 years require Governor in Council approval)","Single amendment in 1987 (minor wording change to section 6(3) regarding ministerial approval)","Heavily dependent on historical context (1881, 1883, 1888, 1917 documents) but the operative provisions themselves are straightforward","No nested exceptions or complex definitional chains"],"plain_english_summary":"This 1967 Victorian law tidies up the legal status of Edinburgh Gardens, a public park in Fitzroy, Melbourne.\n\n**What it does:**\n- **Fixes a historical paperwork error:** In 1883, a piece of land was reserved as parkland, but the official documents recorded slightly different areas (7 acres 3 roods 37 perches vs 8 acres 17 perches). This law says the larger figure in the Crown grant (the official land title document) is the correct one.\n- **Closes a road and adds it to the park:** A section of Freeman Street that runs through the park is officially closed as a public road and added to the park reservation. This means the land becomes Crown land (government-owned land) and part of Edinburgh Gardens.\n- **Changes who manages the park:** It removes the \"council\" (the elected representatives) as the official manager and replaces them with the \"corporation\" (the legal entity representing the City of Fitzroy). This is essentially a technical change in legal structure.\n- **Allows sporting leases:** It gives the corporation power to lease out parts of the park (for cricket, football, bowls, and tennis) for up to 21 years. Leases over 3 years need state government approval. Rent money must go back into maintaining the park.\n- **Protects the government from compensation claims:** It explicitly states that nobody can claim compensation from the Crown (the government) for anything done under this Act.\n\n**Who it affects:**\n- The City of Fitzroy (now part of the City of Yarra) as the park's manager\n- Sporting clubs using the grounds (cricket, football, bowls, tennis)\n- Anyone who might have had rights over the closed section of Freeman Street\n\n**Why it matters:**\nThis is a typical \"machinery\" or \"housekeeping\" Act that fixes messy 19th-century land records. It ensures the park's legal boundaries match reality, clarifies who can lease the sporting grounds, and prevents future legal disputes over the closed road or the area discrepancies from 1883."}},"importantCases":[],"_links":{"self":"/api/acts/fitzroy-edinburgh-gardens-lands-act-1967","history":"/api/acts/fitzroy-edinburgh-gardens-lands-act-1967/history","analysis":"/api/acts/fitzroy-edinburgh-gardens-lands-act-1967/analysis","conflicts":"/api/acts/fitzroy-edinburgh-gardens-lands-act-1967/conflicts","importantCases":"/api/acts/fitzroy-edinburgh-gardens-lands-act-1967/important-cases","documents":"/api/acts/fitzroy-edinburgh-gardens-lands-act-1967/documents"}}