{"id":"melbourne-lands-and-market-sites-act-1991","name":"Melbourne Lands and Market Sites Act 1991","slug":"melbourne-lands-and-market-sites-act-1991","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174207,"registerId":"vic-melbourne-lands-and-market-sites-act-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Melbourne Lands and Market Sites Act 1991","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\nVersion incorporating amendments as at 15 August 2000\nTABLE OF PROVISIONS\nSection Page\nPART 1—PRELIMINARY 1\n1. Purposes 1\n2. Commencement 1\nPART 2—WESTERN MARKET SITE 2\n3. Revocation of reservation and Crown grant 2\n4. Sale of site 2\n5. Repealed 2\nPART 3—GENERAL 3\n6. Consequences of revoking reservations 3\n7. Consequences of sale 4\n8. Certain matters not affected 4\n9. Agreements 5\n10. Act to prevail over other laws 5\n11. No compensation payable by Crown 5\n12. Supreme Court—limitation of jurisdiction 6\n13. Registrar-General and Registrar of Titles to make necessary\namendments to records 6\nPARTS 4, 5—Repealed 7\n14, 15. Repealed 7\n__________________\nSCHEDULE—Lands in respect of which the reservations are\nrevoked 8\n═══════════════\n\nVictorian Legislation and Parliamentary DocumentsSection Page\nii\nENDNOTES 9\n1. General Information 9\n2. Table of Amendments 10\n3. Explanatory Details 11\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\nVersion incorporating amendments as at 15 August 2000\nThe Parliament of Victoria enacts as follows:\nPART 1—PRELIMINARY\n1. Purposes\nThe purposes of this Act are—\n(a) to revoke the reservation and Crown grant of\nthe Western Market Site at Melbourne;\n(b) to authorise the sale of those lands;\n(c) to amend the Melbourne Market and Park\nLands Act 1933 and the Melbourne\nMarket and Park Lands Act 1955;\n(d) to make provision for related matters.\n2. Commencement\n(1) Parts 1, 3 and 5 come into operation on the day on\nwhich this Act receives the Royal Assent.\n(2) Part 2 comes into operation on a day to be\nproclaimed, being a day after a day on which the\nMinister certifies by notice published in the\nGovernment Gazette that a contract for the sale of\nsome or all of the land to which that Part applies is\nabout to be entered into.\n(3) Part 4 comes into operation on a day to be\nproclaimed, being a day occurring after Part 2 is\nin operation.\n__________________\n\nVictorian Legislation and Parliamentary DocumentsPart 2—Western Market Site\nMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n2\nPART 2—WESTERN MARKET SITE\n3. Revocation of reservation and Crown grant\n(1) The Order in Council specified in item 1 of\nSchedule 1 is revoked to the extent that it applies\nto the land in Folio of the Register Volume 5914\nFolio 755.\n(2) Folio of the Register Volume 5914 Folio 755 is\nrevoked.\n4. Sale of site\n(1) The Minister, on behalf of the Crown, may sell all\nor any part of the land described in Part III of the\nSecond Schedule to the Melbourne Market and\nPark Lands Act 1933 to a person or body\napproved by the Minister.\n(2) The sale may be for any consideration or on any\nother terms and conditions that may be determined\nby the Minister.\n(3) The Minister, on behalf of the Crown, may\nexecute any document or do anything else\nnecessary to give effect to the sale.\n(4) The net proceeds of a sale of land under this\nsection (after deducting the costs and expenses of\nthe sale and any amounts payable under any\nagreement made under this Act in respect of the\nland sold) must be paid into the Victorian Debt\nRetirement Fund established under the Victorian\nDebt Retirement Fund Act 1990.\n* * * * *\n__________________\ns. 3\nS. 5\nrepealed by\nNo. 55/1994\ns. 8.\n\nVictorian Legislation and Parliamentary DocumentsPart 3—General\nMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n3\nPART 3—GENERAL\n6. Consequences of revoking reservations\n(1) Subject to this section, on the revocation by this\nAct of a reservation in respect of land—\n(a) the land is deemed to be unalienated land of\nthe Crown, and subject to this Part, is freed\nand discharged from all trusts, limitations,\nreservations, restrictions, encumbrances,\ncharges, leases, licences, estates, interests,\ntaxes and rates;\n(b) the appointment of any committee of\nmanagement is revoked to the extent that it\nrelates to that land;\n(c) any regulations made or having effect under\nsection 13 of the Crown Land (Reserves)\nAct 1978 are revoked to the extent that they\napply to the land.\n(2) Sub-section (1) does not affect the continuity of\nany lease existing over any land in respect of\nwhich the reservation and Crown grant are\nrevoked by this Act, and on and from the date of\nthat revocation that lease has effect—\n(a) as a lease between the Minister as lessor and\nthe lessee for the time being under the lease,\nas if it had been assigned to the Minister; and\n(b) as if it referred to the Minister instead of to\nthe lessor (however described).\n(3) Sub-section (1) does not affect the continuity of\nany sub-lease existing over any land in respect of\nwhich the reservation and Crown grant are\nrevoked by this Act.\nS. 6\namended by\nNo. 21/1992\ns. 3(a).\ns. 6\nS. 6(2)\ninserted by\nNo. 21/1992\ns. 3(b).\nS. 6(3)\ninserted by\nNo. 21/1992\ns. 3(b).\n\nVictorian Legislation and Parliamentary DocumentsPart 3—General\nMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n4\n7. Consequences of sale\n(1) Subject to this section, on a person or body\nbecoming entitled to a Crown grant of land in\naccordance with the terms and conditions of a sale\nunder this Act, the Governor in Council, on behalf\nof the Crown, may grant the land to the person or\nbody for an estate in fee simple, subject to any\nterms, conditions, covenants, exceptions,\nreservations and limitations that the Governor in\nCouncil may determine.\n(2) If at the date of sale of land under this Act any of\nthat land is subject to a lease, then on and from the\ndate of that sale the lease has effect—\n(a) as a lease between the purchaser as lessor\nand the lessee for the time being under the\nlease, as if it had been assigned to the\npurchaser; and\n(b) as if it referred to the purchaser instead of the\nlessor (however described).\n8. Certain matters not affected\n(1) This Act does not affect the operation of the\nHistoric Buildings Act 1981.\n(2) This Act does not affect the continuance of any\nliability, existing immediately before the\nrevocation by this Act of a reservation or Crown\ngrant of land, in the grantee, lessee or occupier of\nthe land in respect of any tax, rate or charge\npayable under an Act.\n(3) This Act does not affect any proceedings before a\nCourt concerning liability to pay land tax in\nrespect of any land to which this Act applies.\nS. 7\namended by\nNo. 21/1992\ns. 4(a).\ns. 7\nS. 7(2)\ninserted by\nNo. 21/1992\ns. 4(b).\n\nVictorian Legislation and Parliamentary DocumentsPart 3—General\nMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n5\n9. Agreements\n(1) The Minister, on behalf of the Crown, may enter\ninto an agreement with a grantee, lessee or\noccupier of land in respect of which a reservation\nor Crown grant is revoked by this Act concerning\nthe use of any proceeds of the sale of the land to\ndischarge the grantee's, lessee's or occupier's\nliability for taxes, rates or charges in respect of the\nland.\n(2) The Minister on behalf of the Crown, may enter\ninto an agreement with the Council of the City of\nMelbourne, concerning—\n(a) the protection of any public interest or\nmunicipal interest in relation to land sold\nunder this Act;\n(b) the protection or conservation of land sold\nunder this Act;\n(c) the distribution to the Council of any of the\nproceeds of sale of land sold under this Act.\n(3) The Minister may do anything necessary to carry\nout an agreement under this section.\n(4) The Consolidated Fund is, by this sub-section,\nappropriated to the extent necessary to make any\npayment out of the proceeds of sale of land sold\nunder this Act, being a payment made in\naccordance with an agreement under this section.\n10. Act to prevail over other laws\nThis Act has effect despite anything to the\ncontrary in any other Act or law.\n11. No compensation payable by Crown\nNo compensation is payable by the Crown in\nrespect of anything done under or arising out of\nthis Act.\ns. 9\n\nVictorian Legislation and Parliamentary DocumentsPart 3—General\nMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n6\n12. Supreme Court—limitation of jurisdiction\nIt is the intention of this section to alter or vary\nsection 85 of the Constitution Act 1975 to the\nextent necessary to prevent the Supreme Court\nawarding compensation in respect of anything\ndone under or arising out of this Act.\n13. Registrar-General and Registrar of Titles to make\nnecessary amendments to records\n(1) The Registrar-General must make all entries on\nthe records of enrolment of any Crown Grant and\non any memorial relating to land that are\nnecessary because of the operation of any\nprovision of this Act.\n(2) The Registrar of Titles must make any\namendments to the Register under the Transfer of\nLand Act 1958 that are necessary because of any\nprovision of this Act.\n(3) If at the date of commencement of this Act,\nsection 7 of the Transfer of Land (Computer\nRegister) Act 1989 is not in operation, then until\nthat section comes into operation, sub-section (2)\nof this section has effect as if it reads as follows:\n\"(2) The Registrar of Titles must make any\namendments to the Register Book and to any\nCrown Grant, duplicate Crown Grant,\ncertificate of title, duplicate certificate of\ntitle, or other instrument or duplicate\ninstrument that are necessary because of the\noperation of any provision of this Act.\".\n_______________\ns. 12\n\nVictorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n7\n* * * * *\n__________________\nPts 4, 5\n(Headings\nand ss 14, 15)\nrepealed by\nNo. 55/1994\ns. 8.\ns. 14\n\nVictorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n8\nSCHEDULE\nLANDS IN RESPECT OF WHICH THE RESERVATIONS ARE\nREVOKED\nItem\nSituation and\narea of land\nInstrument\nand date of\nreservation\nDescription by\nreference to\nGovernment\nGazette\nPurposes of\nreservation\nExtent of\nrevocation\n1. City of Melbourne,\nParish of\nMelbourne North,\nCounty of Bourke,\n6399 sq. metres\nOrder in\nCouncil dated\n1 May 1934\nGovernment\nGazette\n28 March 1934\np. 735 and\n7 May 1934\np. 971\nSite for\nmunicipal\nand other\npurposes\nAs to the land\nin Crown Grant\nVolume 5914\nFolio 755\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n9\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 31 October 1991\nLegislative Council: 20 November 1991\nThe long title for the Bill for this Act was \"A Bill to revoke the reservation\nand Crown grant of certain lands, to authorise the sale of those lands, to\namend the Melbourne Market and Park Lands Act 1933 and the\nMelbourne Market and Park Lands Act 1955 and for other purposes.\".\nConstitution Act 1975:\nSection 85(5) statement—\nLegislative Assembly: 31 October 1991\nLegislative Council: 20 November 1991\nAbsolute majorities—\nLegislative Assembly: 14 November 1991\nLegislative Council: 21 November 1991\nThe Melbourne Lands and Market Sites Act 1991 was assented to on\n10 December 1991 and came into operation as follows:\nParts 1 (sections 1, 2), 3 (sections 6–13), 5 (section 15) on 10 December\n1991: section 2(1); Part 2 (sections 3–5) on 17 June 1992: Government\nGazette 17 June 1992 page 1482 (see Interpretation of Legislation Act\n1984 and Government Gazette 10 June 1992 page 1440); Part 4 (section 14)\nwas never proclaimed, repealed by section 8 of No. 55/1994.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n10\n2. Table of Amendments\nThis Version incorporates amendments made to the Melbourne Lands and\nMarket Sites Act 1991 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nMelbourne Lands and Market Sites (Amendment) Act 1992, No. 21/1992\nAssent Date: 16.6.92\nCommencement Date: 16.6.92: s. 2\nCurrent State: All of Act in operation\nLand (Revocation of Reservations) Act 1994, No. 55/1994\nAssent Date: 15.6.94\nCommencement Date: S. 9 on 30.6.92: s. 2(1); rest of Act on 15.6.94: s. 2(2)\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991\nAct No. 86/1991\n11\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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":true,"description":"The Act's core purpose—revoking the reservation and enabling sale—remains, but subsequent amendments altered operational detail. Amendments in 1992 inserted or adjusted lease-continuity and procedural provisions (see amendments notes for s6 and s7) and later repeal removed Parts 4 and 5 (No. 55/1994). These changes narrowed and reorganised the Act's procedural provisions without changing its primary authorisation to revoke and sell the identified land."},"complexity_factors":["Targeted revocation of a specific Crown reservation and grant (s3; Schedule)","Broad Ministerial discretion to choose purchaser and set sale terms, and to execute documents (s4(1)–(3))","Specified allocation of net proceeds to the Victorian Debt Retirement Fund and ability to enter payment agreements with affected parties (s4(4), s9(1), s9(4))","Continuity and reassignment of existing leases on revocation or sale (s6(2), s6(3), s7(2))","Crown immunity from compensation and intended limitation on Supreme Court jurisdiction (s11, s12)","Express primacy clause and interaction with other statutes (s8, s10)","Requirement for land records and title amendments by Registrars (s13)","Amendments and repeals since enactment affecting scope and procedure (Table of Amendments; endnotes)"],"plain_english_summary":"This Act revokes the Crown reservation over the Western Market Site in Melbourne and authorises the Minister to sell that land to persons or bodies the Minister approves, on terms the Minister determines (s3–4). Net sale proceeds are paid into the Victorian Debt Retirement Fund, although the Minister may agree to apply proceeds to discharge taxes/rates or to fund City of Melbourne conservation/municipal interests (s4(4), s9). Existing leases continue (assigned to the Minister or purchaser) and the Crown disclaims compensation and limits court remedies (s6–7, s11–12)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No substantive content was provided to assess whether the Act's scope changed from its original intent. The document contains only version history metadata and status labels, with no actual legislative provisions visible for analysis."},"complexity_factors":["Insufficient legislative text provided — only metadata and version headers were supplied, making substantive analysis impossible","Land-specific Acts can involve complex property law concepts, but no provisions are visible to assess","The 1991 vintage suggests potential interaction with since-amended planning and property legislation, adding possible hidden complexity","Narrow geographic and subject matter scope (Melbourne land/market sites) typically indicates lower general complexity"],"plain_english_summary":"This Victorian Act concerns the ownership, use and management of specific Melbourne land parcels and market sites, likely affecting government land managers, businesses operating in those markets, and parties with development or property interests. It matters because such laws typically define control, permitted uses, and conditions for transfer or sale.\n\nCaveat: the supplied document lacked substantive legislative text; this summary is inferred from the Act’s title and metadata only."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. The long title and section 1 specify the purposes as revoking reservations, authorising sale of specific lands, and amending related Acts. Despite amendments in 1992 and 1994, the scope has not expanded beyond the Western Market Site and associated machinery provisions. Parts 4 and 5 were repealed in 1994, actually narrowing rather than expanding the scope."},"complexity_factors":["Short statute (13 operative sections, approximately 6 pages of substantive law)","Single, narrow subject matter (one specific land parcel in Melbourne)","Minimal defined terms (only standard statutory interpretation applies)","Limited cross-referencing (primarily references to Melbourne Market and Park Lands Act 1933, Crown Land (Reserves) Act 1978, and Transfer of Land Act 1958)","Straightforward conditional logic (simple 'if-then' structures for lease continuations)","Some procedural complexity in commencement provisions (staged commencement with proclamations and ministerial certificates)","One notable legal mechanism: section 12 attempts to oust Supreme Court jurisdiction regarding compensation, which requires constitutional awareness"],"plain_english_summary":"**What this law does:**\n\nThis Act is a very specific piece of Victorian legislation that deals with a single parcel of land in Melbourne — the **Western Market Site**. Its main job is to **clear the legal title** on this land so the government can sell it.\n\n**Key things it does:**\n\n*   **Revokes the \"reservation\"** — This means removing the legal restriction that said the land had to be used for public/municipal purposes (like a market). Once revoked, the land goes back to being ordinary Crown land (government-owned land).\n*   **Authorises the sale** — It gives the Minister power to sell the land to an approved buyer, on whatever terms the Minister thinks fit.\n*   **Handles the money** — The proceeds go into a debt retirement fund (basically, paying down state debt), though the Minister can make agreements to share some proceeds with the City of Melbourne.\n*   **Protects existing leases** — If anyone was renting the land, their lease continues — it just transfers to the Minister (and later to the new buyer).\n*   **Blocks compensation claims** — It explicitly says no one can sue the government for compensation for anything done under this Act, and it tries to stop the Supreme Court from awarding compensation too.\n\n**Who it affects:**\n\n*   The Victorian Government (specifically the Minister responsible)\n*   The City of Melbourne (potential recipient of some sale proceeds)\n*   Any tenants leasing the Western Market Site\n*   Whoever ends up buying the land\n\n**Why it matters:**\n\nThis is essentially a **property development enabler**. The Western Market Site was reserved for public use since 1934. This Act removes that protection, allowing the land to be privatised and developed. It's a good example of how parliaments pass specific laws to unlock individual pieces of land for sale, stripping away historical protections and shielding the government from legal challenges."}},"importantCases":[],"_links":{"self":"/api/acts/melbourne-lands-and-market-sites-act-1991","history":"/api/acts/melbourne-lands-and-market-sites-act-1991/history","analysis":"/api/acts/melbourne-lands-and-market-sites-act-1991/analysis","conflicts":"/api/acts/melbourne-lands-and-market-sites-act-1991/conflicts","importantCases":"/api/acts/melbourne-lands-and-market-sites-act-1991/important-cases","documents":"/api/acts/melbourne-lands-and-market-sites-act-1991/documents"}}