{"id":"land-reservations-and-other-matters-act-1997","name":"Land (Reservations and other Matters) Act 1997","slug":"land-reservations-and-other-matters-act-1997","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174038,"registerId":"vic-land-reservations-and-other-matters-act-1997-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Land (Reservations and other Matters) Act 1997","content":"Version No. 002\n\n**Land (Reservations and other Matters) Act 1997**\n\n**No. 100 of 1997**\n\nVersion incorporating amendments as at  \n18 December 2013\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\nPart 2—Revocation of Reservations and Crown Grants 3\n\n3 Revocation of reservation—Grantville land 3\n\n4 Revocation of reservation and excision from Crown grant—Ballarat (Warrenheip) land 3\n\n5 Revocation of reservation—Ballarat (Daylesford Road) land 3\n\n6 Revocation of reservation—Penshurst land 3\n\n7 Revocation of reservation—Wangaratta (King River frontage) land 3\n\n8 Revocation of reservations—Queenscliff land 3\n\n9 Revocation of reservation—Lancaster land 4\n\n10 Revocation of reservation—Bendigo land 4\n\n11 Revocation of reservation—Gruyere land 4\n\n12 Revocation of reservation and excision from Crown grant—Hamilton (Station Grounds) land 4\n\n13 Revocation of reservation and Crown grant—Bannockburn  \nland 4\n\n14 Revocation of reservation and Crown grant—Rosedale land 5\n\n15 Revocation of reservation—Mangalore land 5\n\n16 Revocation of reservation—Lakes Entrance land 5\n\n17 Revocation of reservation, Crown grant and Certificate of  \nTitle—Heatherton land 5\n\n18 Consequences of revoking reservations 5\n\nPart 3—Werribee Land 7\n\n21 Leases to continue despite revocation of reservations 7\n\nPart 4—Burrumbeet (Russell Reserve) Land Act 1982 8\n\n22 Repeal of **Burrumbeet (Russell Reserve) Land Act 1982** 8\n\n23 Ballarat City Council deemed to be committee of management 8\n\n24 Effect of repeal on current leases 8\n\nPart 5—Albert Park Land 10\n\n25 Revocation of reservation—Albert Park land 10\n\n26 Re-reservation of Albert Park land 10\n\n27 Amendment of definition of *Albert Park* in **Australian  \nGrands Prix Act 1994** 11\n\nPart 6—Argyle Square Land 12\n\n28 Definitions 12\n\n29 Revocation of reservation of stratum of land underground 12\n\n30 Power to enter and use land despite remaining reservation 13\n\n31 Consequences of revocation 14\n\nPart 7—General 15\n\n32 Registrar-General and Registrar of Titles to make necessary amendments 15\n\n__________________\n\nSCHEDULES 16\n\nSCHEDULE 1—Land in respect of which reservations are revoked 16\n\nSCHEDULE 2—Plan of Ballarat (Warrenheip) land 23\n\nSCHEDULE 3—Plan of Wangaratta (King River Frontage) land 24\n\nSCHEDULE 4—Plan of Queenscliff (Victoria Park) land 25\n\nSCHEDULE 5—Plan of Queenscliff (Queenscliff Recreation  \nReserve) land 26\n\nSCHEDULE 6—Plan of Lancaster land 27\n\nSCHEDULE 7—Plan of Gruyere land 28\n\nSCHEDULE 8—Plan of Hamilton (Station Grounds) land 29\n\nSCHEDULE 9—Plan of Mangalore land 30\n\nSCHEDULE 10—Plan of Lakes Entrance land 31\n\nSCHEDULE 12—Plan of Albert Park land 33\n\nSCHEDULE 13—Plan of Argyle Square land 34\n\n═══════════════\n\nENDNOTES 35\n\n1. General Information 35\n\n2. Table of Amendments 36\n\n3. Explanatory Details 37\n\n**Version No.** **002**\n\n**Land (Reservations and other Matters) Act 1997**\n\n**No. 100 of 1997**\n\nVersion incorporating amendments as at  \n18 December 2013\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to revoke reservations over various parcels of land;\n\n(b) to revoke Crown grants and a Certificate of Title in relation to some of that land;\n\n(c) to repeal the **Burrumbeet (Russell Reserve) Land Act 1982**;\n\n(d) to provide for the revocation of part of the reservation of land at Albert Park and the re‑reservation of that land;\n\n(e) to provide for entry on and use of reserved land at Argyle Square for the construction and on-going use of a car park beneath that land.\n\n\t2 Commencement\n\n(1) Subject to subsections (2) to (11), this Act comes into operation on the day on which it receives the Royal Assent.\n\n(2) Subject to subsection (12), section 4, item 2 of Schedule 1 and Schedule 2 come into operation on a day to be proclaimed.\n\n(3) Subject to subsection (12), section 6 and item 4 of Schedule 1 come into operation on a day to be proclaimed.\n\n(4) Subject to subsection (12), section 8, items 6, 7 and 8 of Schedule 1 and Schedules 4 and 5 come into operation on a day to be proclaimed.\n\n(5) Subject to subsection (12), section 10 and item 10 of Schedule 1 come into operation on a day to be proclaimed.\n\n(6) Subject to subsection (12), section 12, item 12 of Schedule 1 and Schedule 8 come into operation on a day to be proclaimed.\n\n(7) Subject to subsection (12), section 13 and item 13 of Schedule 1 come into operation on a day to be proclaimed.\n\n(8) Subject to subsection (12), section 14 and item 14 of Schedule 1 come into operation on a day to be proclaimed.\n\n(9) Subject to subsection (12), section 16, item 16 of Schedule 1 and Schedule 10 come into operation on a day to be proclaimed.\n\n(10) Subject to subsection (12), section 17 and item 17 of Schedule 1 come into operation on a day to be proclaimed.\n\n(11) Subject to subsection (12), Part 5, item 19 of Schedule 1 and Schedule 12 come into operation on a day to be proclaimed.\n\n(12) If a provision referred to in subsections (2) to (11) does not come into operation before 31 December 1998, it comes into operation on that day.\n\ns. 2\n\n__________________\n\nPart 2—Revocation of Reservations and Crown Grants\n\n\t3 Revocation of reservation—Grantville land\n\ns. 3\n\nThe Order in Council specified in item 1 of Schedule 1 is **revoked**.\n\n\t4 Revocation of reservation and excision from Crown grant—Ballarat (Warrenheip) land\n\n(1) The Order in Council specified in item 2 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 2.\n\n(2) Crown grant Volume 1717 Folio 278 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 2.\n\n\t5 Revocation of reservation—Ballarat (Daylesford Road) land\n\nThe Order in Council specified in item 3 of Schedule 1 is **revoked**.\n\n\t6 Revocation of reservation—Penshurst land\n\nThe Order in Council specified in item 4 of Schedule 1 is **revoked**.\n\n\t7 Revocation of reservation—Wangaratta (King River frontage) land\n\nThe Order in Council specified in item 5 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 3.\n\n\t8 Revocation of reservations—Queenscliff land\n\n(1) The Order in Council specified in item 6 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 4.\n\n(2) The Order in Council specified in item 7 of Schedule 1 is **revoked**.\n\n(3) The Order in Council specified in item 8 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 5.\n\n\t9 Revocation of reservation—Lancaster land\n\ns. 9\n\nThe Order in Council specified in item 9 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 6.\n\n\t10 Revocation of reservation—Bendigo land\n\nThe Order in Council specified in item 10 of Schedule 1 is **revoked**.\n\n\t11 Revocation of reservation—Gruyere land\n\nThe Order in Council specified in item 11 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 7.\n\n\t12 Revocation of reservation and excision from Crown grant—Hamilton (Station Grounds) land\n\n(1) The Order in Council specified in item 12 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 8.\n\n(2) Crown grant Volume 3737 Folio 332 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 8.\n\n\t13 Revocation of reservation and Crown grant—Bannockburn land\n\n(1) The Order in Council specified in item 13 of Schedule 1 is **revoked**.\n\n(2) Crown grant Volume 2667 Folio 319 is **revoked**.\n\n\t14 Revocation of reservation and Crown grant—Rosedale land\n\ns. 14\n\n(1) The Order in Council specified in item 14 of Schedule 1 is **revoked**.\n\n(2) Crown grant Volume 1100 Folio 915 is **revoked**.\n\n\t15 Revocation of reservation—Mangalore land\n\nThe Order in Council specified in item 15 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 9.\n\n\t16 Revocation of reservation—Lakes Entrance land\n\n(1) The Order in Council specified in item 16 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 10.\n\n(2) On the revocation of the Order in Council under subsection (1), the land shown hatched on the plan in Schedule 10 is divested from the East Gippsland Shire Council.\n\n\t17 Revocation of reservation, Crown grant and Certificate of Title—Heatherton land\n\n(1) The Order in Council specified in item 17 of Schedule 1 is **revoked**.\n\n(2) Crown grant Volume 5097 Folio 226 is **revoked**.\n\n(3) Certificate of Title Volume 5697 Folio 370 is **cancelled**.\n\n\t18 Consequences of revoking reservations\n\nOn the revocation under this Part of an Order in Council reserving land—\n\n(a) that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and\n\n(c) any regulations under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to that land.\n\ns. 18\n\n__________________\n\nPart 3—Werribee Land\n\nSs 19, 20 repealed by No. 79/2013 s. 39.\n\n* * * * *\n\nS. 21 amended by No. 79/2013 s. 40 (ILA s. 39B(1)).\n\n\t21 Leases to continue despite revocation of reservations\n\ns. 21\n\n(1) Nothing in this Part affects the continued existence of any lease existing immediately before the publication of an Order under section 19(5) in relation to land to which that Order applies.\n\nS. 21(2) inserted by No. 79/2013 s. 40.\n\n(2) The repeal of sections 19 and 20 does not affect the continued existence of any lease continued by subsection (1) and in force immediately before that repeal.\n\n__________________\n\nPart 4—Burrumbeet (Russell Reserve) Land Act 1982\n\n\t22 Repeal of Burrumbeet (Russell Reserve) Land Act 1982\n\ns. 22\n\nThe **Burrumbeet (Russell Reserve) Land Act 1982** is **repealed**.\n\n\t23 Ballarat City Council deemed to be committee of management\n\nOn and from the commencement of section 22 of this Act—\n\n(a) the appointment of the Corporation of the Shire of Ripon or its successor in law as committee of management under the **Crown Land (Reserves) Act 1978** of the land shown hatched on the plan in the Schedule to the **Burrumbeet (Russell Reserve) Land Act 1982** as in force immediately before its repeal is revoked to the extent that it applies to that land; and\n\n(b) the Ballarat City Council is deemed to be the committee of management of that land for the purposes of the **Crown Land (Reserves) Act 1978**.\n\n\t24 Effect of repeal on current leases\n\n(1) Any lease granted by the Corporation of the Shire of Ripon or its successor in law under section 3 of the **Burrumbeet (Russell Reserve) Land Act 1982** as in force immediately before the commencement of section 22 of this Act has effect on and from that commencement as if the lease had been entered into under section 17D of the **Crown Land (Reserves) Act 1978** by the Ballarat City Council as lessor.\n\n(2) This section has effect in relation to a lease despite anything to the contrary in that lease.\n\n(3) Nothing effected by this section is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease.\n\ns. 24\n\n__________________\n\nPart 5—Albert Park Land\n\n\t25 Revocation of reservation—Albert Park land\n\ns. 25\n\n(1) The Order in Council specified in item 19 of Schedule 1 is **revoked** to the extent that it applies to the land shown hatched on the plan in Schedule 12.\n\n(2) On the revocation of the Order in Council specified in item 19 of Schedule 1, to the extent that it applies to the land shown hatched on the plan in Schedule 12—\n\n(a) that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and\n\n(c) any regulations under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to that land.\n\n\t26 Re-reservation of Albert Park land\n\nOn the land shown hatched on the plan in Schedule 12 ceasing to be subject to the reservation specified in item 19 of Schedule 1, that land is deemed to be permanently reserved under section 4 of the **Crown Land (Reserves) Act 1978** for education purposes.\n\n\t27 Amendment of definition of *Albert Park* in Australian Grands Prix Act 1994\n\ns. 27\n\nIn section 3(1) of the **Australian Grands Prix Act 1994** in the definition of ***Albert Park***, after \"page 2900\" **insert** \"but does not include the land shown hatched on the plan in Schedule 12 of the **Land (Reservations and other Matters) Act 1997**\".\n\n__________________\n\nPart 6—Argyle Square Land\n\n\t28 Definitions\n\ns. 28\n\nIn this Part—\n\n***Argyle Square land*** means the land shown hatched on the plan in Schedule 13;\n\n***Argyle Square reserve*** means the land described in item 20 of Schedule 1;\n\n***car park land*** means the land to which an Order under section 29 applies;\n\n***stratum*** means a part of land consisting of a space of any shape above or below or partly above and partly below the surface of the land, all the dimensions of which are limited.\n\n\t29 Revocation of reservation of stratum of land underground\n\n(1) This section has effect despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or any other Act or law.\n\n(2) The Minister administering the **Crown Land (Reserves) Act 1978**, on receiving a plan of survey signed by the Surveyor-General of—\n\n(a) a stratum consisting of a space below the surface of any of the Argyle Square land or that land as nearly as practicable, to be used for the construction of an underground car park; and\n\n(b) any other parts of the Argyle Square land or that land as nearly as practicable (whether above, below or on the surface of the land and shown on the plan of survey) that the Minister is satisfied are necessary for the construction of structures ancillary to the car park, including but not limited to, air vents and pedestrian and vehicle access to the car park whether below, on or above the surface of the Argyle Square land—\n\nmay recommend to the Governor in Council that an Order be made that, in relation to the land shown on the plan of survey and specified in the recommendation, the Order in Council specified in item 20 of Schedule 1 be revoked to the extent that it applies to that land.\n\n(3) The Governor in Council may make the Order recommended in subsection (2).\n\n(4) An Order under subsection (3) must include a copy of the plan of survey of the land to which the Order applies.\n\n(5) On publication in the Government Gazette of an Order under subsection (3)—\n\n(a) the Order in Council specified in item 20 of Schedule 1 is revoked to the extent that it applies to the land shown on the plan of survey; and\n\n(b) Crown grant Volume 600 Folio 913 is revoked to the extent that it applies to the land shown on the plan of survey.\n\n\t30 Power to enter and use land despite remaining reservation\n\ns. 30\n\n(1) If a lease of the car park land is granted under the **Land Act 1958**, the lessee, its servants or agents may enter and use the Argyle Square reserve for the purposes of—\n\n(a) carrying out the construction of an underground car park on the car park land; and\n\n(b) carrying out the construction of structures ancillary to the car park on the car park land; and\n\n(c) the alteration, repair, maintenance and removal of that car park or those structures—\n\nin accordance with that lease.\n\n(2) Subsection (1) does not apply unless the written consent of the following has been obtained to the entry or use—\n\n(a) the committee of management of the Argyle Square reserve; or\n\n(b) if there is no such committee of management, the Trustees of the Argyle Square reserve; or\n\n(c) if there is no committee of management or Trustee, the Minister administering the **Crown Land (Reserves) Act 1978**.\n\n(3) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or any instrument reserving the Argyle Square reserve.\n\n\t31 Consequences of revocation\n\ns. 31\n\nOn the revocation under this Part of an Order in Council reserving land—\n\n(a) that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and\n\n(c) any regulations under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to that land.\n\n__________________\n\nPart 7—General\n\n\t32 Registrar-General and Registrar of Titles to make necessary amendments\n\ns. 32\n\n(1) The Registrar-General must make all entries on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of any provision of this Act.\n\n(2) The Registrar of Titles must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Act.\n\n__________________\n\nSCHEDULES\n\nSch. 1 amended by No. 79/2013 s. 41(1).\n\nSCHEDULE 1\n\nSch. 1\n\nLand in respect of which reservations are revoked\n\nItem 1—Grantville land\n\n| Situation and area of land: | Township of Grantville, Parish of Corinella, County of Mornington, being 2024 square metres, being Crown Allotment 11, Section C |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 9 January 1893 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 2 December 1892, page 4448 and 13 January 1893, page 152 |\n| Purpose of reservation: | Site for a Mechanics' Institute and Free Library |\n| Extent of revocation: | The entire reserve |\n\n\nItem 2—Ballarat (Warrenheip) land\n\n| Situation and area of land: | Parishes of Bungaree, Dean and Warrenheip, Counties of Grant and Grenville, being 1085 hectares less authorised excisions |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 27 October 1884 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 3 October 1884, page 2824 and 31 October 1884, page 3039 |\n| Particulars of registration of Crown grant: | Crown grant Volume 1717 Folio 278 |\n| Purpose of reservation: | Site for purposes of Water Supply to the Water Supply District of Ballaarat |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 2 |\n\n\nItem 3—Ballarat (Daylesford Road) land\n\n| Situation and area of land: | Parish of Ballarat (formerly Parish of Warrenheip, Borough of Ballarat East), County of Grant, being 11.48 hectares, less authorised excisions, being part of Section 4A |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 18 August 1868 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 25 August 1868, page 1579 and 22 September 1868, page 1780 |\n| Purpose of reservation: | Site for Pipe-track and Filter-beds for purposes of Water Supply to Ballarat and Ballarat East |\n| Extent of revocation: | The entire reserve |\n\n\nItem 4—Penshurst land\n\nSch. 1\n\n| Situation and area of land: | Township of Penshurst, Parish of Boramboram, County of Villiers, being 1012 square metres, being Allotment 1A, Section 13 |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 5 September 1864 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 13 September 1864, page 2010 and 7 October 1864, page 2236 |\n| Purpose of reservation: | Site for the Council Chamber of the Shire of Mount Rouse, at Penshurst |\n| Extent of revocation: | The entire reserve |\n\n\nItem 5—Wangaratta (King River frontage) land\n\n| Situation and area of land: | The bed and banks of the King River within the Township of Wangaratta, Parish of Wangaratta North, County of Delatite |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 23 May 1881 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 4 March 1881, page 691 and 27 May 1881, page 1389 |\n| Purpose of reservation: | Site for Public Purposes |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 3 |\n\n\nItem 6—Queenscliff (Victoria Park) land\n\n| Situation and area of land: | Township of Queenscliff, Parish of Paywit, County of Grant, being 2.461 hectares, less authorised excisions, being Crown Allotment 23, Section 30 |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 30 March 1931 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 18 February 1931, page 577 and 1 April 1931, page 1076 |\n| Purpose of reservation: | Site for Public Park |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 4 |\n\n\nItem 7—Queenscliff (Bowling Club) land\n\nSch. 1\n\n| Situation and area of land: | Township of Queenscliff, Parish of Paywit, County of Grant, being 8562 square metres, being Crown Allotment 24, Section 30 |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 30 March 1931 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 18 February 1931, page 576 and 1 April 1931, page 1076 |\n| Purpose of reservation: | Site for Recreation of the People |\n| Extent of revocation: | The entire reserve |\n\n\nItem 8—Queenscliff (Queenscliff Recreation Reserve) land\n\n| Situation and area of land: | Township of Queenscliff, Parish of Paywit, County of Grant, being 3.769 hectares, being Crown Allotment 25, Section 30 |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 30 March 1931 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 18 February 1931, page 576 and 1 April 1931, page 1076 |\n| Purpose of reservation: | Site for Recreation of the People |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 5 |\n\n\nItem 9—Lancaster land\n\n| Situation and area of land: | Parish of Mooroopna West, County of Rodney, being 8.094 hectares, being Allotment 1D |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 30 March 1965 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 24 February 1965, page 417 and 7 April 1965, page 1167 |\n| Purpose of reservation: | Site for Public Recreation |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 6 |\n\n\nItem 10—Bendigo land\n\nSch. 1\n\n| Situation and area of land: | At Bendigo, Parish of Sandhurst, County of Bendigo, being 1518 square metres, being Allotment 5 of Section 13C |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 17 November 1874 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 13 March 1874, page 535 and 27 November 1874, page 2081 |\n| Purpose of reservation: | Site for Public purposes |\n| Extent of revocation: | The entire reserve |\n\n\nItem 11—Gruyere land\n\n| Situation and area of land: | The bed and banks of the Yarra River within the Parish of Gruyere, County of Evelyn |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 23 May 1881 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 25 February 1881, page 586 and 27 May 1881, page 1389 |\n| Purpose of reservation: | Site for Public Purposes |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 7 |\n\n\nItem 12—Hamilton (Station Grounds) land\n\n| Situation and area of land: | Township of Hamilton, Parish of Hamilton North, County of Dundas, being 1.303 hectares, being Crown Allotment 2, Section 101 |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 27 February 1913 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 22 January 1913, page 303 and 5 March 1913, page 1117 |\n| Particulars of registration of Crown grant: | Crown grant Volume 3737 Folio 332 |\n| Purpose of reservation: | Site for Railway purposes |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 8 |\n\n\nItem 13—Bannockburn land\n\n| Situation and area of land: | Township of Bannockburn, Parish of Wabdallah, County of Grant, being 2023 square metres, being Crown Allotment 6 of Section 6 |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 21 January 1897 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 4 December 1896, page 4812 and 29 January 1897, page 251 |\n| Particulars of registration of Crown grant: | Crown grant Volume 2667 Folio 319 |\n| Purpose of reservation: | Site for a Shire Hall and Offices |\n| Extent of revocation: | The entire reserve |\n\n\nItem 14—Rosedale land\n\nSch. 1\n\n| Situation and area of land: | Township of Rosedale, Parish of Rosedale, County of Buln Buln, being 3829 square metres, being Crown Allotment 2 of Section 28A |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 27 May 1878 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 3 May 1878, page 967 and 31 May 1878, page 1257 |\n| Particulars of registration of Crown grant: | Crown grant Volume 1100 Folio 915 |\n| Purpose of reservation: | Site for a Shire Hall |\n| Extent of revocation: | The entire reserve |\n\n\nItem 15—Mangalore land\n\n| Situation and area of land: | Parish of Mangalore, County of Anglesey, being 67 hectares, being Crown Allotments 28B, 28C and 28D |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 17 February 1982 |\n| Description of land by reference to Government Gazette: | Government Gazette dated 24 February 1982, page 553 |\n| Purpose of reservation: | Site for Preservation of Species of Native Plants |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 9 |\n\n\nItem 16—Lakes Entrance land\n\n| Situation and area of land: | Township of Lakes Entrance, Parish of Colquhoun, County of Tambo, being 3.627 hectares, being Crown Allotment 46B, Section 7 |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 27 April 1967 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 22 March 1967, page 936 and 3 May 1967, page 1583 |\n| Purpose of reservation: | Site for Public Recreation |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 10 |\n\n\nItem 17—Heatherton land\n\nSch. 1\n\n| Situation and area of land: | Parish of Mordialloc, County of Bourke, being 54.73 hectares less authorised excisions, being Crown Allotment 1, Section 16 |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 5 October 1925 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 2 September 1925, page 2912 and 14 October 1925, page 3282 |\n| Particulars of registration of Crown grant: | Crown grant Volume 5097 Folio 226 and subsequent Certificate of Title Volume 5697 Folio 370 |\n| Purpose of reservation: | Site for Benevolent Asylum, Mordialloc |\n| Extent of revocation: | The entire reserve |\n\n\n* * * * *\n\nItem 19—Albert Park land\n\nSch. 1\n\n| Situation and area of land: | City of South Melbourne and at St Kilda, Parish of Melbourne South, County of Bourke, being 230.7 hectares, less authorised excisions |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 21 March 1876 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 21 January 1876, page 96 and 24 March 1876, page 568 |\n| Purpose of reservation: | Site for a Public Park |\n| Extent of revocation: | Land shown hatched on the plan in Schedule 12 |\n\n\nItem 20—Argyle Square reserve\n\n| Situation and area of land: | Parish of Jika Jika, County of Bourke, City of Melbourne at Carlton, being 1.315 hectares, being Argyle Square |\n| --- | --- |\n| Instrument and date of reservation: | Order in Council dated 9 June 1873 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 12 February 1864, page 350 and 13 June 1873, page 1058 |\n| Particulars of registration of Crown grant: | Crown grant Volume 600 Folio 913 |\n| Purpose of reservation: | Site for public recreation |\n\n\n_______________\n\nSCHEDULE 2\n\nSch. 2\n\nPlan of Ballarat (Warrenheip) land\n\n![]()\n\n_______________\n\nSCHEDULE 3\n\nSch. 3\n\nPlan of Wangaratta (King River Frontage) land\n\n![]()\n\n_______________\n\nSCHEDULE 4\n\nSch. 4\n\nPlan of Queenscliff (Victoria Park) land\n\n![]()\n\n_______________\n\nSCHEDULE 5\n\nSch. 5\n\nPlan of Queenscliff (Queenscliff Recreation Reserve) land\n\n![]()\n\n—————————\n\nSCHEDULE 6\n\nSch. 6\n\nPlan of Lancaster land\n\n![]()\n\n_______________\n\nSCHEDULE 7\n\nSch. 7\n\nPlan of Gruyere land\n\n![]()\n\n_______________\n\nSCHEDULE 8\n\nSch. 8\n\nPlan of Hamilton (Station Grounds) land\n\n![]()\n\n_______________\n\nSCHEDULE 9\n\nSch. 9\n\nPlan of Mangalore land\n\n![]()\n\n_______________\n\nSCHEDULE 10\n\nSch. 10\n\nPlan of Lakes Entrance land\n\n![]()\n\n_______________\n\nSch. 11 repealed by No. 79/2013 s. 41(2).\n\n* * * * *\n\nSch. 11\n\nSCHEDULE 12\n\nSch. 12\n\nPlan of Albert Park land\n\n![]()\n\n_______________\n\nSCHEDULE 13\n\nSch. 13\n\nPlan of Argyle Square land\n\n![]()\n\n═══════════════\n\nENDNOTES\n\nEndnotes\n\n1. General Information\n\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 12 November 1997*\n\n*Legislative Council: 4 December 1997*\n\nThe long title for the Bill for this Act was \"A Bill to provide for the revocation of reservations and Crown grants over various parcels of land, to repeal the **Burrumbeet (Russell Reserve) Land Act 1982**, to make consequential amendments to the **Australian Grands Prix Act 1994** and for other purposes.\"\n\nThe **Land (Reservations and other Matters) Act 1997** was assented to on 16 December 1997 and came into operation as follows:\n\nSections 1–3, 5, 7, 9, 11, 15, 18–24, 28–32, Schedule 1 items 1, 3, 5, 9, 11, 15, 18, 20, Schedules 3, 6, 7, 9, 11, 13 on 16 December 1997: section 2(1); sections 10, 13, 14, Schedule 1 items 10, 13, 14 on 2 April 1998: Government Gazette 2 April 1998 page 723—see **Interpretation of Legislation Act 1984**; Part 5 (sections 25–27), Schedule 1 item 19, Schedule 12 on 8 May 1998: Government Gazette 7 May 1998 page 1005; sections 6, 16, Schedule 1 items 4, 16, Schedule 10 on 12 August 1998: Government Gazette 6 August 1998 page 2131; sections 4, 8, 12, 17, Schedule 1 items 2, 6–8, 12, 17, Schedules 2, 4, 5, 8 on 31 December 1998: section 2(12).\n\n1. Table of Amendments\n\n\nEndnotes\n\nThis Version incorporates amendments made to the **Land (Reservations and other Matters) Act 1997** by Acts and subordinate instruments.\n\nEndnotes\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Parks and Crown Land Legislation Amendment Act 2013, No. 79/2013**\n\n| Assent Date: | 17.12.13 |\n| --- | --- |\n| Commencement Date: | Ss 39–41 on 18.12.13: s. 2(1) |\n| Current State: | The information relates only to the provision/s amending the **Land (Reservations and other Matters) Act 1997** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n1. Explanatory Details\n\n\nEndnotes\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of revoking specific historical land reservations and managing the transition of particular parcels. While it has been amended (notably by the Parks and Crown Land Legislation Amendment Act 2013 which repealed sections 19-20 and Schedule 11 regarding Werribee land), these amendments reduced rather than expanded the scope. The Act has not grown beyond its original intent as a specific land management instrument."},"complexity_factors":["Multiple staggered commencement dates (11 different subsections in s.2) with a 'safety net' date of 31 December 1998","17 separate land parcels each with unique historical references (Orders in Council dating back to 1864-1982)","Cross-references to multiple other Acts: Crown Land (Reserves) Act 1978, Land Act 1958, Transfer of Land Act 1958, Australian Grands Prix Act 1994, Burrumbeet (Russell Reserve) Land Act 1982","Technical land law concepts: 'stratum', 'Crown grant', 'Certificate of Title', 'unalienated land of the Crown', 'committee of management'","13 separate schedules containing plans and detailed land descriptions (though Schedule 11 was repealed)","Conditional logic for Argyle Square (Part 6) requiring Governor in Council orders based on surveyor plans","Savings provisions ensuring leases continue despite revocations (ss.21, 24)","Specific mechanism for Albert Park involving revocation followed immediately by re-reservation for different purposes"],"plain_english_summary":"This Act is essentially a land management clean-up tool for the Victorian Government. It removes old legal restrictions ('reservations') from specific parcels of land across Victoria so the land can be used for new purposes.\n\n**What it does:**\n- **Revokes reservations** on 17+ separate parcels of land in places like Grantville, Ballarat, Bendigo, Queenscliff, and Albert Park. A 'reservation' is a legal restriction that sets land aside for a specific public purpose (like parks, water supply, or mechanics' institutes). Revoking these frees up the land.\n- **Cancels old Crown grants** for some parcels. A Crown grant is the official document transferring land from the government to someone else. Cancelling these returns the land to full Crown (government) control.\n- **Repeals the Burrumbeet (Russell Reserve) Land Act 1982**, transferring management of that reserve from the Shire of Ripon to Ballarat City Council and converting existing leases to the modern system.\n- **Handles Albert Park specially**: It revokes part of the park's reservation, then immediately re-reserves it for 'education purposes' (likely related to the Australian Grand Prix facilities), while updating the Australian Grands Prix Act to exclude this specific land from the park's definition.\n- **Allows underground car parks**: For Argyle Square in Carlton, it creates a mechanism to revoke the reservation for underground space only (a 'stratum'), allowing construction of a car park beneath the park while keeping the surface as public recreation land.\n\n**Who it affects:**\n- Local councils (like Ballarat City Council) who gain or lose management responsibilities\n- Leaseholders on affected lands (their leases generally continue)\n- Anyone using public parks (Albert Park, Argyle Square) where changes occur\n- Government agencies managing Crown land\n\n**Why it matters:**\nThis is 'housekeeping' legislation that clears historical legal cobwebs. Without it, land reserved in the 1800s for obsolete purposes (like mechanics' institutes or 19th-century water supply infrastructure) remains legally locked in the past. The Act allows these sites to be sold, redeveloped, or repurposed for modern needs while protecting existing leaseholders and ensuring proper land registration updates."},"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":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on parcel‑by‑parcel revocation of reservations, revocation of particular Crown grants/certificates and a small set of consequential, localised measures (repeal of the Burrumbeet Act; re‑reservation of part of Albert Park; a procedure for an Argyle Square car park). Amendments noted (Parks and Crown Land Legislation Amendment Act 2013) repealed or adjusted certain provisions (e.g. ss 19–20, amendments to s 21 and Schedule entries) but did not broaden the Act's fundamental purpose beyond targeted revocations and the specific procedural pathways set out for Albert Park and Argyle Square. The changes are therefore technical and implementation‑focused rather than an expansion of scope."},"complexity_factors":["Large number of parcel-specific entries (20 principal items listed in Schedule 1) requiring parcel-level treatment","Multiple cross-references to other statutes: Crown Land (Reserves) Act 1978; Land Act 1958; Transfer of Land Act 1958; Australian Grands Prix Act 1994","Conditional commencement structure with many provisions commencing by proclamation and a fallback deemed commencement date (s 2(2)–(12))","Special procedural requirements for Argyle Square: certified survey plan by Surveyor-General, Minister recommendation, Governor in Council Order, publication in Government Gazette (s 29)","Revocation of Crown grants and cancellation of a Certificate of Title for particular parcels (ss 4(2), 12(2), 13(2), 14(2), 17(2)–(3), s 29(5)(b))","Preservation and conversion of existing leases and transitional protections (s 21; ss 22–24 for Burrumbeet leases)","Registrar obligations to amend enrolments and the Register under the Transfer of Land Act (s 32)","Part-specific definitions and limited special-purpose powers (Part 6 defines 'stratum' and other technical terms)","Amendments incorporated (Parks and Crown Land Legislation Amendment Act 2013) that repeal and modify sections and schedules—added a layer of historical cross-tracking"],"plain_english_summary":"**What this Act does (mechanically)\n\n- Revokes (removes) historic reservations over a number of specific parcels of land listed in Schedule 1. Where necessary it also revokes related Crown grants and, in one case, cancels a Certificate of Title (see Parts 2 and Schedule 1; examples: ss 3–17, items in Schedule 1).\n- Lays down the legal consequences of those revocations: the affected land becomes unalienated Crown land and is freed from previous trusts, reservations, encumbrances and committee appointments (s 18; s 31 for Argyle Square land).\n- Repeals a small statute that dealt with a particular reserve (the Burrumbeet (Russell Reserve) Land Act 1982) and transfers committee-of-management responsibilities to Ballarat City Council (ss 22–24).\n- Alters the reservation status of part of Albert Park: it revokes an earlier reservation over a hatched part of Albert Park and immediately re‑reserves that hatched area permanently for education purposes; it also amends the definition of \"Albert Park\" used in the Australian Grands Prix Act 1994 to exclude the hatched area (ss 25–27 and Schedule 12).\n- Creates a specific procedure for enabling an underground car park beneath Argyle Square: the Minister (on receipt of a survey plan) may recommend and the Governor in Council may make an Order revoking the reservation of a defined stratum and related parts; on publication the Crown grant is revoked for that surveyed area and the lessee under a Land Act lease may enter and use the reserve to build and maintain the car park, subject to required consents (Part 6: ss 28–31 and Schedule 13).\n- Requires the Registrar-General and the Registrar of Titles to make whatever record changes are needed because of these operations (s 32).\n\nWho this affects\n\n- Local land managers and committees of management: appointments may be revoked or transferred (ss 18, 23, 31).\n- Relevant local councils (examples: Ballarat City Council deemed committee of management for Burrumbeet land (s 23); East Gippsland Shire Council is divested of certain Lakes Entrance land on revocation (s 16(2))).\n- Holders of existing leases over affected land: their leases are preserved in specified ways (s 21 preserves leases; s 24 preserves Burrumbeet leases but treats them as if entered under the Crown Land (Reserves) Act 1978).\n- Parties planning to use or develop Argyle Square: construction and ongoing use of an underground car park are permitted under the Act if steps in the Act are followed (Part 6).\n- Land registries: must update records and titles (s 32).\n\nWhy it matters (practical effects and decision points)\n\n- The Act converts named reserved parcels back to unalienated Crown land (ss 18, 31). That mechanically changes who decides what happens next: once reservations and encumbrances are removed, the executive (Minister/Governor in Council) and Crown-land governance regime can make new decisions about leasing, management or re-reservation under existing Crown-land laws.\n- For Argyle Square the Act sets out a concrete, procedural path (survey plan → Minister recommendation → Governor in Council Order → Crown grant revocation → lease under the Land Act) that enables an underground car park while preserving the surface reserve subject to specified consents (ss 29–30). This channels development through administrative approvals and a lease under the Land Act rather than through ad hoc statutory changes.\n- For Albert Park the hatched part is intentionally taken out of the general park reservation and re-reserved for education purposes; the change is also reflected in the Australian Grands Prix Act definition so that event law does not cover the hatched area (ss 25–27).\n\nCosts, incentives, trade-offs and implementation issues (light analysis tied to provisions)\n\n- Who pays / who benefits: benefits from any future use, lease or development of a particular parcel will be local and concentrated (owners of new leases, local councils organising land use), while costs of administering revocations, surveys and record changes fall on government agencies (Surveyor-General, Minister's office, Registrars) (ss 29, 32). The Act itself does not appropriate sale proceeds or set commercial terms; those would follow from separate Crown‑land decisions and instruments.\n- Effect on private enterprise and contracts: the Act preserves existing leases where specified (s 21) and converts some leases to have effect as if entered under the Crown Land (Reserves) Act 1978 (s 24). For Argyle Square a lessee under the Land Act is given explicit statutory powers to enter and use the reserve for construction and maintenance, but only with the written consent of the committee of management, trustees or the Minister (s 30). That creates a route for private parties to invest subject to administrative steps and local consent.\n- Bureaucratic discretion and legal steps: several changes require executive action—Minister recommendations, Governor in Council Orders and publication in the Government Gazette (s 29), and survey plans certified by the Surveyor‑General are prerequisites. Those administrative prerequisites create implementation risk and timing uncertainty (ss 2, 29). The commencement provisions also allow staged proclamation, with a default deemed commencement date if proclamation does not occur (s 2).\n- Compliance and record-keeping: the Registrar-General and Registrar of Titles must update records to reflect revocations, cancellations and grant revocations (s 32). That imposes an administrative burden but is routine legal work.\n- Potential unintended effects and substitution: by freeing land from historical reservations and trusts (s 18), the Act removes statutory restrictions that previously limited uses. That enables alternative future uses (leasing, re-reservation, development) under broader Crown-land law, which may substitute for prior public uses—what actually happens next depends on subsequent Crown-land decision-making and is not specified in this Act.\n\nKey clauses to glance at for implementation\n\n- s 18 and s 31 — legal consequences when a reservation is revoked (land becomes unalienated Crown land; committees of management and certain regulations cease to apply).\n- Part 6 (ss 28–31) and Schedule 13 — the special procedures and consent rules for the Argyle Square underground car park.\n- ss 25–27 and Schedule 12 — the specific revocation/re-reservation treatment for Albert Park and the consequential amendment to the Australian Grands Prix Act 1994.\n- s 32 — registry obligations.\n\nSource claims vs what the Act actually does\n\n- The Act's stated purposes (s 1) are to revoke reservations and some Crown grants, repeal one local Act, and create mechanisms for Argyle Square and Albert Park. The text implements those purposes directly via specific parcel-by-parcel revocations, targeted re-reservation for Albert Park, a procedure for Argyle Square, and registry amendments. The Act does not itself dispose of land to private parties or set commercial terms; it creates legal capacity to change operational control and to enable subsequent administrative actions under existing Crown-land and land-registration regimes.\n\n(References in the summary are to the sections and schedules cited above: Parts 1–7, ss 3–18, 21–32, and Schedules 1–13.)"},"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 document contains only version history and metadata, not the substantive provisions needed to assess scope evolution. Based on the title alone, the Act appears to be a standard omnibus land reservation instrument, which typically maintains its original administrative scope."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history were supplied, preventing detailed analysis","Land reservation laws typically involve cross-referencing multiple other Acts (e.g., Crown Land (Reserves) Act, Land Act)","Administrative and technical land descriptions can be difficult to interpret without specialist knowledge","May involve interactions between state and local government jurisdictions","'Other Matters' in the title suggests miscellaneous provisions of uncertain scope, which can add interpretive complexity"],"plain_english_summary":"The Land (Reservations and other Matters) Act 1997 governs setting aside Crown land for public purposes (parks, conservation, public use) and the administrative handling of those reservations. \n\nIt primarily affects government land managers, local councils, nearby communities, and anyone with an interest in the land. Reserving or altering reservations determines whether land is protected from sale or development, so changes can materially shift land use and community outcomes."}},"importantCases":[],"_links":{"self":"/api/acts/land-reservations-and-other-matters-act-1997","history":"/api/acts/land-reservations-and-other-matters-act-1997/history","analysis":"/api/acts/land-reservations-and-other-matters-act-1997/analysis","conflicts":"/api/acts/land-reservations-and-other-matters-act-1997/conflicts","importantCases":"/api/acts/land-reservations-and-other-matters-act-1997/important-cases","documents":"/api/acts/land-reservations-and-other-matters-act-1997/documents"}}