{"id":"hotham-heights-land-act-1953","name":"Hotham Heights Land Act 1953","slug":"hotham-heights-land-act-1953","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174136,"registerId":"vic-hotham-heights-land-act-1953-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Hotham Heights Land Act 1953","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nHotham Heights Land Act 1953\nAct No. 5727/1953\nVersion as at 14 February 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title 2\n2. Definitions 2\n3. Grant of land in Schedule to Company 2\n4. Effect of revocation of grant 3\n5. No liability to attach to Crown 4\n__________________\nSCHEDULE 5\n═══════════════\nENDNOTES 6\n1. General Information 6\n2. Table of Amendments 7\n3. Explanatory Details 8\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nHotham Heights Land Act 1953\nAct No. 5727/1953\nVersion as at 14 February 2000\nAn Act relating to the Grant of certain Land at Mount Hotham\nto a certain Company.\nPreamble\nWHEREAS on public tenders being called by the\nVictorian Railways Commissioners the Ski Club of\nVictoria Limited, a company incorporated under\nthe Companies Act 1938 and limited by guarantee\nthe registered office of which is at 330 Little\nCollins-street, Melbourne, purchased from the said\nCommissioners the buildings and improvements at\nMount Hotham known as the Hotham Heights\nChalet together with certain plant and equipment\nfor the sum of Eight thousand and ten pounds,\nwhich sum has been duly paid to the said\nCommissioners:\nAND WHEREAS the land described in the\nSchedule to this Act is land of the Crown and\nincludes the land on which the said chalet stands\nand is land which it is proposed should be granted\nas hereinafter provided:\nAND WHEREAS a proprietary company called\nS.C.V. (Hotham) Proprietary Limited the\nregistered office of which is at 330 Little Collins-\nstreet, Melbourne, has been incorporated under the\nCompanies Act 1938 and the hereinbefore recited\nSki Club of Victoria Limited holds all the share\ncapital in the said S.C.V. (Hotham) Proprietary\nLimited:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5727/1953\nHotham Heights Land Act 1953\n2\nAND WHEREAS at the request of the\nhereinbefore recited Ski Club of Victoria Limited\nit is expedient to provide for the grant as\nhereinafter enacted of the land described in the\nSchedule to this Act to the hereinbefore recited\nS.C.V. (Hotham) Proprietary Limited without\nprejudice to due consideration being given by the\nGovernor in Council to applications by other\nbodies for similar grants of land in the Hotham\narea:\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 Hotham Heights\nLand Act 1953.\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n\"Board\" means Board of Land and Works;\n\"Company\" means the hereinbefore recited\nS.C.V. (Hotham) Proprietary Limited and\nincludes any assigns of such company;\n\"premises\" means the land described in the\nSchedule to this Act together with the chalet\nand any buildings improvements plant and\nequipment thereon.\n3. Grant of land in Schedule to Company\nOn payment by the Company of the unimproved\nvalue of the land described in the Schedule to this\nAct as fixed by an appraiser appointed by the\nBoard, and of the survey Crown grant and\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5727/1953\nHotham Heights Land Act 1953\n3\nassurance fees payable in respect of the\nregistration and grant of such land, the Governor\nin Council may grant to the Company the land\ndescribed in the Schedule to this Act subject to\ncovenants and conditions to the following effect—\n(a) that the premises shall be used for the\npurpose of a chalet and appurtenances for the\naccommodation of guests or for any other\nassociated purpose approved in writing by\nthe Board but for no other purpose;\n(b) that the Crown grant shall be revocable at\nany time by the Governor in Council on\nreceiving a certificate by the Board—\n(i) that in the opinion of the Board the\npremises have been used for a purpose\nthat is not authorized by or under this\nAct or for any improper purpose; or\n(ii) that the Board has received satisfactory\nproof that for a period of not less than\ntwo years during the preceding three\nyears the premises had not been\neffectively used for purposes prescribed\nby or under this Act;\n(c) such other covenants conditions reservations\nexceptions and provisions as the Governor in\nCouncil thinks fit.\n4. Effect of revocation of grant\nIf the grant is at any time so revoked—\n(a) the Board shall publish notice of the\nrevocation in the Government Gazette;\n(b) the Company within a period specified in\nthat behalf by the Board in such notice may\non such terms and conditions as the Board\ndirects remove from the land any buildings\nor other structures thereon;\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5727/1953\nHotham Heights Land Act 1953\n4\n(c) as from the date of the publication of the\nnotice of revocation in the Government\nGazette the land described in the Schedule to\nthis Act shall be deemed to be unalienated\nland of the Crown freed and discharged from\nall trusts encumbrances restrictions and\nreservations whatsoever;\n(d) the Registrar of Titles shall make all such\ncancellations of or entries upon any Crown\ngrant or other document and upon the\nduplicate of any Crown grant or other\ndocument as may be necessary or expedient\nby reason of such cancellation and any\nperson having possession of any such Crown\ngrant or document or any duplicate thereof\nshall produce it to the Registrar of Titles for\nthat purpose.\n5. No liability to attach to Crown\nNo person or body of persons whosoever or\nwhatsoever shall be entitled to receive or shall\nreceive from the Crown any money or\ncompensation or consideration whatsoever in\nrespect of or in any manner whatsoever arising out\nof any act matter or thing under this Act.\n__________________\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5727/1953\nHotham Heights Land Act 1953\n5\nSCHEDULE\nTwo acres, one rood, twenty-one perches, more or less, Parish of Yertoo,\nCounty of Dargo:\nCommencing at a point bearing S. 40° 44' W. two chains ninety-four and\nfive-tenths links from the south-western angle of allotment 2, Parish of\nHotham, County of Bogong; bounded thence by lines bearing S. 81° 49' E.\neighty-seven and seven-tenths links, S. 23° 10' E. three chains twenty-three\nand four-tenths links, S. 1° 3' E. two chains eighty-six and two-tenths links,\nN. 82° 22' W. three chains seventy-seven and one-tenth links, N. 24° 45' W.\none chain twenty-two and eight-tenths links, N. 21° 13' W. three chains sixty-\nfive links, N. 68° 59' E. two chains sixty-two and four-tenths links and\nN. 89° 43' E. ninety-three and one-tenth links to the point of commencement.\n═══════════════\nPreamble,\nsections 2–4.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5727/1953\nHotham Heights Land Act 1953\n6\nENDNOTES\n1. General Information\nThe Hotham Heights Land Act 1953 was assented to on 1 December 1953\nand came into operation on 1 December 1953.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5727/1953\nHotham Heights Land Act 1953\n7\n2. Table of Amendments\nThere are no amendments made to the Hotham Heights Land Act 1953 by\nActs and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5727/1953\nHotham Heights Land Act 1953\n8\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation has remained exactly as enacted in 1953. It was always intended as a one-off private Act to facilitate a specific land grant to a specific company for a specific ski chalet. The scope has not expanded beyond this original narrow purpose, and the Act has never been amended."},"complexity_factors":["Only 5 operative sections plus a Schedule describing land boundaries","Just 3 defined terms in section 2 ('Board', 'Company', 'premises')","No cross-references to other Acts except incidental mention of Companies Act 1938 in preamble","Simple conditional structure: payment triggers grant, breach triggers revocation","Single purpose legislation with no subordinate legislation or regulations","Land description uses traditional metes and bounds (chains/links) but this is standard for 1953"],"plain_english_summary":"This is a short Victorian law from 1953 that transfers a small parcel of Crown land (about 2.4 acres) at Mount Hotham to a private company called S.C.V. (Hotham) Proprietary Limited.\n\n**What it does:**\n- **The backstory:** The Ski Club of Victoria had already bought the buildings and equipment of the Hotham Heights Chalet from the Victorian Railways. But they didn't own the land underneath it—that was still government (\"Crown\") land.\n- **The solution:** The Ski Club set up a new company (S.C.V. Hotham) to hold the land, and this Act allows that company to buy the land from the government.\n\n**Key conditions:**\n- The company must pay the \"unimproved value\" of the land (what it's worth without buildings) plus survey and registration fees.\n- The land **must** be used as a chalet for guests, or other purposes approved by the Board of Land and Works. No other uses allowed.\n- The government can **take the land back** (revoke the grant) if:\n  - It's used for the wrong purpose, OR\n  - It sits unused for 2 out of 3 years.\n- If the grant is revoked, the land goes back to the Crown, the company can remove its buildings, and **nobody can sue the government for compensation**.\n\n**Why it matters:**\nThis is a classic example of a \"private Act\"—legislation written for one specific transaction rather than general rules. It allowed Victoria's ski industry to develop at Mount Hotham by letting a ski club secure land tenure, while protecting the government's right to reclaim the land if the facility wasn't maintained or was misused."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This version has not materially changed the scope of the original enactment. The endnotes record no amendments; the Act remains a narrowly tailored statute to enable the grant of a particular Crown parcel at Mount Hotham to S.C.V. (Hotham) Proprietary Limited on the conditions set out in the original 1953 text (preamble; ss 2–5; Schedule)."},"complexity_factors":["Short, single-purpose Act (5 sections + Schedule)","Small number of defined terms (3 definitions in s 2)","Few cross-references and no external statutory references beyond administrative roles (Board, Governor in Council, Registrar)","Conditional revocation logic with two trigger grounds (s 3(b))","Discretionary powers vested in Board and Governor in Council (multiple clauses)","Procedural steps involving appraisal, survey, registration and Gazette notice (s 3, s 4)","Schedule with a metes-and-bounds land description (technical but self-contained)","No amendments recorded (per endnotes), so fewer layered changes to interpret"],"plain_english_summary":"**What this Act does (mechanics)**\n\n- Grants a specific parcel of Crown land at Mount Hotham (described in the Schedule) to S.C.V. (Hotham) Proprietary Limited (the “Company”) on payment of the unimproved value of the land as fixed by an appraiser appointed by the Board of Land and Works, plus survey, Crown grant and assurance fees (s 3).\n- The grant is subject to conditions. The main condition is that the land and buildings (the “premises”) must be used for a chalet and related guest accommodation or for another use only if the Board agrees in writing. The Governor in Council may include other covenants or reservations as it thinks fit (s 3(a),(c)).\n- The Governor in Council may revoke the Crown grant if the Board issues a certificate stating either that the premises were used for an unauthorised or improper purpose, or that they were not effectively used for the authorised purpose for at least two years in the preceding three (s 3(b)).\n- If the grant is revoked: the Board must publish the revocation in the Government Gazette; the Company may be allowed, on terms the Board specifies, to remove buildings or structures within a period set by the Board; the land immediately becomes unalienated Crown land, freed of trusts, encumbrances and reservations; and the Registrar of Titles must make any necessary cancellations or entries (s 4).\n- No person or body may claim or receive any money, compensation or consideration from the Crown in respect of anything done under this Act (s 5).\n\n**Who this affects**\n\n- The immediate beneficiary is S.C.V. (Hotham) Proprietary Limited (the Company), a proprietary company whose share capital is held by the Ski Club of Victoria, insofar as it may receive a Crown grant of the specified land (preamble; s 2 definition of “Company”).\n- The Board of Land and Works and the Governor in Council are the decision-makers: the Board appoints the appraiser and can certify misuse or non-use (which can trigger revocation); the Governor in Council grants or revokes title (s 2, s 3).\n- The Registrar of Titles must carry out cancellations or other registration steps if revocation occurs (s 4(d)).\n\n**Why it matters (practical effects, incentives and trade-offs)**\n\n- Who pays: the Company pays the unimproved value (as appraised) and associated registration and survey fees to obtain the Crown grant (s 3). Any ongoing costs tied to compliance with the Crown covenants fall to the Company.\n- Who decides and the degree of discretion: the Board and the Governor in Council hold significant discretion (appointing the appraiser, approving other uses, issuing certificates that can trigger revocation, and specifying removal terms) (s 3, s 4). That discretion creates legal uncertainty for the Company about long-term title security.\n- Investment and exit risks: the grant is conditional and revocable without entitlement to compensation from the Crown for acts under the Act (s 3(b), s 5). If the grant is revoked the land is returned to unalienated Crown land and encumbrances are removed (s 4(c)), which may affect third-party mortgages or other interests. The Company may be allowed to remove buildings only on terms and within a period set by the Board (s 4(b)).\n- Limits on commercial freedom: use is limited to chalet/guest accommodation or Board-approved associated uses (s 3(a)). That constraint restricts the range of commercial activities the Company may lawfully pursue on the land and therefore affects revenue options and contract freedom.\n- Concentrated benefit vs diffuse costs: the Act effects a targeted transfer of a specific Crown parcel to a named company (preamble, s 3). The direct financial benefit is concentrated (the Company), while costs or risks (eg, administrative oversight, potential lost public revenue if price set below market) are spread and largely procedural. The preamble records the transaction arose after the Ski Club purchased buildings and requested the grant, and it notes the Governor in Council should still consider other applications for Hotham-area land (preamble).\n- Compliance and administrative burden: the process requires an appraiser, survey, payment of fees, registration steps and potential future actions by the Board and Registrar (s 3, s 4). Those are concrete implementation tasks the Company must fulfil.\n\n**Narrow geographic and subject-matter scope**\n\n- The Act relates solely to a defined 2-acre parcel at Mount Hotham described by metes-and-bounds in the Schedule and to the chalet and improvements on it (Schedule; s 2 definition of “premises”).\n\n**Key provisions cited**: definitions and parties (preamble; s 2), payment and grant mechanics and permitted uses (s 3), grounds and consequences of revocation (s 3(b); s 4), and bar on compensation from the Crown (s 5)."},"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":"Insufficient information to determine whether scope changed from original intent. The Act appears to remain in force in its original form as a consolidated version, suggesting no major scope changes, but the absence of full text prevents a definitive assessment."},"complexity_factors":["Very limited information provided — only title and metadata, no actual legislative text","Narrow, location-specific scope (single geographic area)","Likely a short, single-purpose Act typical of mid-20th century Victorian land legislation","Age of the Act (1953) may introduce complexity around how it interacts with modern land management legislation"],"plain_english_summary":"A 1953 Victorian Act concerning Crown land at Hotham Heights (now Mount Hotham) that likely governs how that alpine land is reserved, leased or made available for tourism, recreation and infrastructure. It affects leaseholders, businesses with property interests and government land managers, and underpins present-day use and control of the area."}},"importantCases":[],"_links":{"self":"/api/acts/hotham-heights-land-act-1953","history":"/api/acts/hotham-heights-land-act-1953/history","analysis":"/api/acts/hotham-heights-land-act-1953/analysis","conflicts":"/api/acts/hotham-heights-land-act-1953/conflicts","importantCases":"/api/acts/hotham-heights-land-act-1953/important-cases","documents":"/api/acts/hotham-heights-land-act-1953/documents"}}