{"id":"hotham-municipal-buildings-site-act-1885","name":"Hotham Municipal Buildings Site Act 1885","slug":"hotham-municipal-buildings-site-act-1885","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173477,"registerId":"vic-hotham-municipal-buildings-site-act-1885-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Hotham Municipal Buildings Site Act 1885","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nHotham Municipal Buildings Site Act 1885\nAct No. 838/1885\nVersion as at 14 February 2000\nTABLE OF PROVISIONS\nSection Page\n1. Mayor Councillors and Burgesses of Hotham may lease lands 4\n2. Powers of the Mayor Councillors and Burgesses as to land in\nSchedule 4\n3. Mayor Councillors and Burgesses or Treasurer of Hotham may\ngive receipts for rent 5\n4. Application of rents 5\n5. Lease to Her Majesty of 27th April 1882 validated and\nconfirmed 5\n__________________\nSCHEDULE 6\n═══════════════\nENDNOTES 7\n1. General Information 7\n2. Table of Amendments 8\n3. Explanatory Details 9\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nHotham Municipal Buildings Site Act 1885\nAct No. 838/1885\nVersion as at 14 February 2000\nAn Act to enable the Mayor Councillors and Burgesses of the\nTown of Hotham to demise for terms of years certain lands\nvested in them and to validate a lease to the Crown heretofore\nmade by the said Mayor Councillors and Burgesses.\nPreamble\nWHEREAS by a deed-poll bearing date the third\nday of October One thousand eight hundred and\nseventy under the hand of the Right Honorable\nJohn Henry Thomas Viscount Canterbury, of the\nCity of Canterbury in the County of Kent, and\nBaron Bottesford, of Bottesford in the County of\nLeicester, in the peerage of the United Kingdom of\nGreat Britain and Ireland, Knight Commander of\nthe Most Honorable Order of the Bath and\nGovernor and Commander-in-Chief of the Colony\nof Victoria with the seal of the said colony affixed,\nHer Majesty, in order to provide a site for a town\nhall and borough offices and for a court house\nwithin the Borough of Hotham, did grant unto the\nMayor Councillors and Burgesses of the said\nBorough of Hotham and their successors all that\npiece or parcel of land in the said deed mentioned\ntogether with all the rights members privileges and\nappurtenances whatsoever to the same belonging\nor in anywise appertaining, subject nevertheless to\ncertain reservations and exceptions therein\nspecified, to have and to hold the said land and\npremises unto the said Mayor Councillors and\nBurgesses of the said Borough of Hotham and their\nsuccessors subject to certain conditions provisoes\nand declarations in the said deed mentioned, and\namongst others that the said land thereby granted\n\nVictorian Legislation and Parliamentary DocumentsAct No. 838/1885\nHotham Municipal Buildings Site Act 1885\n2\nand the buildings for the time being thereon should\nbe at all times thereafter maintained and used as\nand for a town hall borough offices and court\nhouse and offices and conveniences connected\ntherewith respectively under and in accordance\nwith such regulations as should from time to time\nbe made by the said Governor or other officer for\nthe time being administering the government of the\nsaid colony with the consent of the Executive\nCouncil thereof, and in the meantime under and in\naccordance with such regulations or by-laws as\nshould from time to time be lawfully made by the\nCouncil for the time being of the said Borough of\nHotham and for no other purposes whatsoever; and\nalso that the Mayor Councillors and Burgesses of\nthe said Borough of Hotham should keep the court\nhouse or buildings then erected or thereafter to be\nerected on the said land at all times available for\nholding courts of petty sessions and magistrates'\ncourts; and also that if the Mayor Councillors and\nBurgesses of the said Borough of Hotham should\nbe dissolved or by any means become extinct and\nbe no longer existent, or should permit or suffer the\nsaid land and premises or any part thereof to be\nused for or applied to any other than the purpose\naforesaid or to become out of proper order and\nrepair, or should alienate or attempt to alienate in\nfee simple or for any less estate or interest the said\nland and premises or any part thereof save and\nexcept under and in pursuance of some law\nthereafter to be in force within the said colony, it\nshould be lawful for Her Majesty her heirs and\nsuccessors in manner therein mentioned to re-enter\nupon the said land or any part thereof and to hold\npossess and enjoy the same as fully and effectually\nto all intents and purposes as if the said grant had\nnot been made:\nAND WHEREAS there have been erected on a\nportion of the said land a town hall municipal\nchambers and other borough offices and a court\nhouse for holding courts of petty sessions and\nmagistrates' courts:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 838/1885\nHotham Municipal Buildings Site Act 1885\n3\nAND WHEREAS the said Borough of Hotham has\nsince the date of the said deed-poll been\nconstituted a town under the provisions of the\n\"Local Government Act 1874\":\nAND WHEREAS such buildings are such as to\nsatisfy all the present and probable future\nrequirements of the said town and the inhabitants\nthereof:\nAND WHEREAS a part of the said land being that\nparticularly described in the Schedule hereto is not\nrequired by the said Mayor Councillors and\nBurgesses for the purpose of erecting buildings\nthereon for any of the purposes aforesaid:\nAND WHEREAS the said Mayor Councillors and\nBurgesses are desirous of being empowered to\ndemise from time to time for terms not exceeding\nthirty years such part as aforesaid of the said land\nor any portion of such part:\nAND WHEREAS it is expedient to empower the\nsaid Mayor Councillors and Burgesses from time\nto time to demise the lands described in the\nSchedule hereto or any portion thereof for terms\nnot exceeding thirty years notwithstanding the\nconditions provisoes and declarations in the said\nhereinbefore recited deed-poll contained:\nAND WHEREAS the said Mayor Councillors and\nBurgesses did by deed dated the twenty-seventh\nday of April One thousand eight hundred and\neighty-two demise to Her Majesty the Queen for a\nterm of nine hundred and ninety-nine years from\nthe first day of September One thousand eight\nhundred and seventy-five certain rooms or offices\nas and for post and telegraph offices a court-house\nand other offices and conveniences together with\nthe use of certain yards easements and\nappurtenances, such rooms or offices being a part\nof the said town hall buildings erected by the said\nMayor Councillors and Burgesses on the land\ngranted by the said hereinbefore recited deed-poll\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 838/1885\nHotham Municipal Buildings Site Act 1885\n4\nof the third day of October One thousand eight\nhundred and seventy:\nAND WHEREAS it is expedient that the said deed\nshould be confirmed and declared valid:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and by the Legislative Assembly of\nVictoria in this present Parliament assembled and by the\nauthority of the same as follows (that is to say):\n1. Mayor Councillors and Burgesses of Hotham may\nlease lands\nThe Mayor Councillors and Burgesses of the\nTown of Hotham may at any time and from time\nto time after the passing of this Act\nnotwithstanding the conditions provisoes and\ndeclarations of the said recited deed-poll bearing\ndate the third day of October One thousand eight\nhundred and seventy demise for any term not\nexceeding thirty years all or any of the lands\ndescribed in the Schedule hereto and all buildings\nand erections which may at any time be thereon at\nsuch annual rent upon such terms and subject to\nsuch exceptions reservations covenants and\nconditions as to the said Mayor Councillors and\nBurgesses seem fit.\n2. Powers of the Mayor Councillors and Burgesses as\nto land in Schedule\nThe said Mayor Councillors and Burgesses may\nbring any action or suit for the recovery of the\nrents of any of the said lands and the buildings\nthereon or for the preservation of the same and for\nthe recovery of damages for injuries thereto and\nmay also repair and improve any of such buildings\nand out of their municipal fund defray the\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 838/1885\nHotham Municipal Buildings Site Act 1885\n5\nexpenses of the same and may at any time accept\nthe surrender of any such lease if they think fit.\n3. Mayor Councillors and Burgesses or Treasurer of\nHotham may give receipts for rent\nThe receipts of the said Mayor Councillors and\nBurgesses of the Treasurer of the said Town of\nHotham for the time being for the rent of any of\nthe said lands so demised shall be effectual\ndischarges to the lessees thereof their executors\nadministrators and assigns, who shall be in no\nmanner concerned to see to the application of such\nrent or any part thereof.\n4. Application of rents\nAll moneys received by the said Mayor\nCouncillors and Burgesses as rent for any of the\nsaid lands so demised shall go to and form part of\nthe municipal fund of the said Town of Hotham.\n5. Lease to Her Majesty of 27th April 1882 validated\nand confirmed\nThe deed dated the twenty-seventh day of April\nOne thousand eight hundred and eighty-two,\nwhereby certain rooms or offices forming part of\nthe town hall buildings erected by the said Mayor\nCouncillors and Burgesses on the land granted by\nthe said recited deed-poll of the third day of\nOctober One thousand eight hundred and seventy\nwere by the said Mayor Councillors and\nBurgesses demised to Her Majesty the Queen\ntogether with the use of certain yards easements\nand appurtenances for a term of nine hundred and\nninety-nine years from the first day of September\nOne thousand eight hundred and seventy-five, is\nhereby validated and confirmed, and declared to\nhave been lawfully given accepted made and\nexecuted.\n__________________\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 838/1885\nHotham Municipal Buildings Site Act 1885\n6\nSCHEDULE\nPart of Crown allotments 12 and 13, section 2:\nCommencing at a point the south-west angle of allotment 13; thence east by\nthe said south boundary of said allotment 13 152 feet; thence north 40 feet\n10 inches; thence north-west 9 feet; thence west 61 feet 8 inches; thence\nnorth 57 feet 4 inches; thence west 84 feet to Errol street; thence south by\nErrol street to starting point 104 feet 6 inches.\n═══════════════\nSection 1.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 838/1885\nHotham Municipal Buildings Site Act 1885\n7\nENDNOTES\n1. General Information\nThe Hotham Municipal Buildings Site Act 1885 was assented to on\n8 December 1885 and came into operation on 8 December 1885.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 838/1885\nHotham Municipal Buildings Site Act 1885\n8\n2. Table of Amendments\nThere are no amendments made to the Hotham Municipal Buildings Site\nAct 1885 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 838/1885\nHotham Municipal Buildings Site Act 1885\n9\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited information available, there is no evidence the scope changed from its original intent. It appears to remain a narrow, site-specific piece of legislation dealing with a single municipal land parcel, exactly as originally enacted in 1885."},"complexity_factors":["Extremely narrow and specific subject matter — a single land site","Historical context requires knowledge of 19th century Victorian local government boundaries (Hotham = North Melbourne)","Very limited legislative text was provided, making full analysis impossible","Age of the Act means cross-referencing with subsequent legislation may be needed to understand full current effect","Minimal ongoing practical relevance reduces interpretive complexity"],"plain_english_summary":"This 1885 Victorian Act concerns a specific parcel in the former Municipality of Hotham (now North Melbourne), authorising use, transfer or reservation of land for municipal buildings. It historically affected local residents and ratepayers and today may only touch current property owners or government bodies with an interest in that site. Its continued in-force status means it could still influence the land’s legal title or permitted use."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. It was enacted specifically to allow leasing of surplus Hotham municipal land and validate the 1882 Crown lease, and it has not expanded beyond this. No amendments have been made since 1885."},"complexity_factors":["Very short statute—only 5 operative sections plus a Schedule","Single defined purpose: enabling leases of specific surplus land and validating one prior lease","No cross-references to other legislation except incidental mention of the Local Government Act 1874 in the preamble","Minimal conditional logic—primarily straightforward permissions ('may lease', 'may bring action')","One Schedule with a simple land description using metes and bounds (measurements and directions)","No amendments since enactment, indicating stable, limited scope","Preamble is lengthy but purely historical/narrative rather than creating legal complexity"],"plain_english_summary":"**What this law does:**\n\nThis 1885 Victorian law gives the local council of Hotham (now part of North Melbourne) permission to lease out surplus land that was originally granted to them by the Crown in 1870 for public buildings.\n\n**The backstory:**\nIn 1870, the Victorian government gave Hotham Council a block of land specifically to build a town hall, council offices, and a courthouse. The original grant came with strict conditions—the land had to be used only for these public purposes, and if the council broke these rules, the government could take the land back.\n\n**What changed:**\nBy 1885, the council had built all the buildings they needed, leaving some land spare. Normally, they couldn't lease this leftover land because of the 1870 restrictions. This Act fixes that by:\n\n- **Allowing leases** of up to 30 years on the surplus land described in the Schedule (a specific parcel with measurements)\n- **Letting the council collect rent** and use it for municipal purposes\n- **Confirming a previous 999-year lease** the council had already made to the Crown (the government) for post office and telegraph offices—essentially making legal something they'd done in 1882 that might have breached the original 1870 conditions\n\n**Who it affects:**\nPrimarily the Hotham Council and anyone leasing the surplus land. It's a very local, specific piece of legislation dealing with one parcel of land in 19th-century Melbourne.\n\n**Why it matters:**\nIt's a classic example of how colonial governments had to pass specific Acts to unwind restrictive land grants when circumstances changed. The council needed flexibility to generate income from unused land, and the government needed to validate a lease it had already taken out for postal services."},"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Act narrows the constraints in the original deed-poll by permitting leasing of the scheduled land for up to 30 years despite the deed’s restrictions on alienation and prescribed uses, and it confirms a prior 999‑year lease to the Crown. Mechanically this expands the council’s power to grant terms and to receive and apply rent as municipal revenue (see preamble, s.1 and s.5)."},"complexity_factors":["Short, self-contained Act with five operative sections and a single Schedule.","Modifies and operates alongside an earlier deed-poll containing use, maintenance and re-entry conditions (preamble + ss.1–5).","Validates a pre-existing extraordinarily long Crown lease (999 years), creating long-term property effects (s.5).","Grants broad municipal discretion to fix rents and conditions and to accept surrenders, affecting contracting and enforcement (s.1–3).","Financial flow is simple but consequential: rents become municipal fund revenue and may be spent on repairs (s.4; s.2).","Property description is by metes-and-bounds in the Schedule, requiring cadastral precision for implementation."],"plain_english_summary":"This Act authorises the Mayor, Councillors and Burgesses of the Town of Hotham to lease specified parts of the municipal site (the Schedule) for terms up to 30 years despite earlier deed restrictions, and it validates a 27 April 1882 lease to the Crown for 999 years. Rents from those leases must be paid into the town’s municipal fund; the council may set terms, accept surrenders, sue for arrears and use municipal money for repairs, so the council controls leasing and bears maintenance and enforcement choices (ss.1–4, s.5)."}},"importantCases":[],"_links":{"self":"/api/acts/hotham-municipal-buildings-site-act-1885","history":"/api/acts/hotham-municipal-buildings-site-act-1885/history","analysis":"/api/acts/hotham-municipal-buildings-site-act-1885/analysis","conflicts":"/api/acts/hotham-municipal-buildings-site-act-1885/conflicts","importantCases":"/api/acts/hotham-municipal-buildings-site-act-1885/important-cases","documents":"/api/acts/hotham-municipal-buildings-site-act-1885/documents"}}