{"id":"melbourne-lands-yarra-river-north-bank-act-1997","name":"Melbourne Lands (Yarra River North Bank) Act 1997","slug":"melbourne-lands-yarra-river-north-bank-act-1997","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176481,"registerId":"vic-melbourne-lands-yarra-river-north-bank-act-1997-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Melbourne Lands (Yarra River North Bank) Act 1997","content":"i\nVersion No. 002\nMelbourne Lands (Yarra River North Bank)\nAct 1997\nAct No. 28/1997\nVersion incorporating amendments as at 12 October 2005\nTABLE OF PROVISIONS\nSection Page\n1. Purposes 1\n2. Commencement 2\n3. Definitions 2\n4. Powers to lease aquarium site land 3\n4A. Power to vary lease of aquarium site land 5\n5. Rights of passage to and from leased land 6\n6. Divesting of land from Melbourne City Council 6\n7. Preserving rights under Transport Act 1983 7\n8. Transitional provision—Melbourne Lands (Yarra River\nNorth Bank) (Amendment) Act 2005 7\n__________________\nSCHEDULES 9\nSCHEDULE 1—Aquarium Site Land 9\nSCHEDULE 2—Land to be Divested from Melbourne City Council 10\n═══════════════\nENDNOTES 11\n1. General Information 11\n2. Table of Amendments 12\n3. Explanatory Details 13\n\n1\nVersion No. 002\nMelbourne Lands (Yarra River North Bank)\nAct 1997\nAct No. 28/1997\nVersion incorporating amendments as at 12 October 2005\nPreamble\nThe land shown hatched on the plan in Schedule 1\nconsists of land reserved and vested in the\nMelbourne City Council under the Melbourne\n(Flinders-street) Land Act 1958, land temporarily\nreserved under the Crown Land (Reserves) Act\n1978, and other Crown land.\nThe Melbourne City Council is the manager of part\nof the land shown hatched on the plan in\nSchedule 1 and now proposes further development\nfor the land in the Schedule.\nIn order for the development to proceed it is\nnecessary to allow the land to be leased for longer\nperiods from those presently enabled by law. It is\nalso necessary to provide for additional rights for\nthe leaseholders, for the divesting of the land\nshown hatched on the plan in Schedule 2 from the\nMelbourne City Council, for the temporary\nreservation of that land and for the appointment of\nthe Melbourne City Council as the committee of\nmanagement of that land.\nThe Parliament of Victoria therefore enacts as follows:\n1. Purposes\nThe purposes of this Act are to—\n(a) enable the granting of long term leases for\ncertain land adjacent to the Yarra River; and\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n2\n(b) provide for certain consequential rights; and\n(c) provide for the divesting of the land shown\nhatched on the plan in Schedule 2 from the\nMelbourne City Council; and\n(d) provide for the appointment of the\nMelbourne City Council as committee of\nmanagement of the land shown hatched on\nthe plan in Schedule 2; and\n(e) provide for other related matters.\n2. Commencement\n(1) Section 1 and this section come into operation on\nthe day on which this Act receives the Royal\nAssent.\n(2) Subject to sub-section (3), the remaining\nprovisions of this Act come into operation on a\nday or days to be proclaimed.\n(3) If a provision referred to in sub-section (2) does\nnot come into operation before 1 February 1998, it\ncomes into operation on that day.\n3. Definitions\nIn this Act—\n\"aquarium site land\" means the land shown\nhatched and cross-hatched on the plan in\nSchedule 1;\n\"land\" includes a stratum of land;\n* * * * *\ns. 2\nS. 3 def. of\n\"aquarium\nsite land\"\ninserted by\nNo. 67/2005\ns. 4(a).\nS. 3 def. of\n\"reserved\nland\"\nrepealed by\nNo. 67/2005\ns. 4(b).\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n3\n\"stratum of land\" means a part of land\nconsisting of a space of any shape, below on\nor above the surface of the land, or partly\nbelow and partly above the surface of the\nland, all the dimensions of which are limited.\n4. Powers to lease aquarium site land\n(1) The committee of management of any aquarium\nsite land may grant a lease of that land or part of\nthat land for the purpose of the construction or\noccupation of an aquarium and substantial\nbuildings or works for related retail, tourism or\ncommercial purposes on the land.\n(2) The committee of management must not grant a\nlease under sub-section (1) unless the Minister\nhas, in writing to the committee, approved the\ngranting of the lease.\n(3) The Minister must not approve the granting of a\nlease under sub-section (1) unless the Minister has\nsatisfied himself or herself that—\n(a) if the lease is granted before the buildings\nand works proposed for the land have been\nbuilt, the lease includes a covenant requiring\nthe construction of an aquarium and\nsubstantial buildings or works for related\nretail, tourism or commercial purposes and\nthat the buildings and works which are the\nsubject of the covenant are of such a nature\nand value as to justify a lease of longer than\n21 years; and\n(b) if the lease is for a purpose other than the\npurpose for which the land is reserved, the\nlease is not detrimental to the purpose for\nwhich the land is reserved; and\nS. 4 (Heading)\ninserted by\nNo. 67/2005\ns. 5(1).\ns. 4\nS. 4(1)\namended by\nNo. 67/2005\ns. 5(2).\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n4\n(c) if the lease includes a stratum of land—\n(i) each lessee for the time being under the\nlease can obtain reasonable access to\nthe use of the land to be leased; and\n(ii) the granting of the lease will not\ninterfere with the exercise of rights by\nthe registered proprietor, lessee or\nlicensee of other land; and\n(iii) provision has been made (in the lease\nor otherwise) for any necessary rights\nof support of the stratum or other land\nor of any building or structure erected\nor to be erected on those lands; and\n(iv) provision has been made (in the lease\nor otherwise) for any necessary rights\nof passage or provision of services\n(including drainage, sewerage, or the\nsupply of water, gas, electricity or\ncommunications systems) to or through\nthe stratum, where those rights are\nreasonably necessary for the reasonable\nenjoyment of the stratum or other land.\n(4) A lease granted under sub-section (1) must not be\nfor an initial term of more than 50 years.\n(5) A lease granted under sub-section (1)—\n(a) may contain provision for the term of the\nlease to be extended one or more times,\nbut—\n(i) each extension of the lease must not\nexceed 21 years; and\n(ii) the aggregate of the initial term and any\nextensions of the term must not exceed\n99 years; and\ns. 4\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n5\n(b) may contain provision for a lessee to remain\nin occupation of the land under the same\nterms and conditions as existed under the\nlease, at the discretion of the lessor, for a\nperiod of not more than 3 months from the\nexpiry of the lease; and\n(c) is subject to any covenants, exceptions,\nreservations and conditions that are\ndetermined by the committee of management\nand approved by the Minister.\n(6) This section has effect despite anything to the\ncontrary in the Land Act 1958, the Crown Land\n(Reserves) Act 1978 or regulations made under\nthe Crown Land (Reserves) Act 1978.\n4A. Power to vary lease of aquarium site land\n(1) Despite any law to the contrary, a lease entered\ninto under section 4 may be varied by providing\nthat the lease applies to any part of the aquarium\nsite land, whether or not any part of that land was\noriginally subject to the lease.\n(2) The power to make a variation to a lease under\nsub-section (1)—\n(a) must not be exercised unless—\n(i) the Minister has, in writing to the\ncommittee of management, approved\nthe variation of the lease; and\n(ii) all the parties to the lease agree to the\nvariation; and\n(b) is in addition to, and does not limit, any\nother powers to vary a lease entered into\nunder section 4.\nS. 4A\ninserted by\nNo. 67/2005\ns. 6.\ns. 4A\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n6\n5. Rights of passage to and from leased land\n(1) Despite any reservation of the aquarium site land,\nthe holder of a lease under section 4, and any\nperson so authorised by the holder, have a right to\npass and re-pass over that part of the aquarium site\nland which is not the subject of a lease under\nsection 4, subject to the following provisions—\n(a) the right includes a right to pass or re-pass\nwith or without goods or vehicles;\n(b) the right may be exercised at the times and\nplaces determined by the committee of\nmanagement of the land over which the right\nis to be exercised;\n(c) the exercise of the right must be related to\nthe purposes of the lease.\n(2) In making a determination under sub-section\n(1)(b) the committee of management must be\nreasonably satisfied that the determination is\nnecessary to give effect to the terms of the lease.\n(3) A right under sub-section (1) does not affect any\nright the public has to use the aquarium site land.\n6. Divesting of land from Melbourne City Council\nThe land shown hatched on the plan in Schedule 2\nis divested from the Melbourne City Council\nand—\n(a) is deemed to be unalienated land of the\nCrown freed and discharged from all trusts,\nlimitations, reservations, restrictions,\nencumbrances, estates and interests; and\n(b) any regulations made under the Crown\nLand (Reserves) Act 1978 are revoked to\nthe extent that they apply to the land; and\ns. 5\nS. 5(1)\namended by\nNo. 67/2005\ns. 7(1)(a)(b).\nS. 5(3)\namended by\nNo. 67/2005\ns. 7(2).\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n7\n(c) is deemed to be temporarily reserved under\nsection 4(1) of the Crown Land (Reserves)\nAct 1978 for public purposes; and\n(d) the Melbourne City Council is deemed to be\nthe committee of management under the\nCrown Land (Reserves) Act 1978 of the\nland.\n7. Preserving rights under Transport Act 1983\n(1) Nothing in this Act affects any rights over the land\nshown hatched on the plan in Schedule 1 under\nthe Transport Act 1983 that apply to the Flinders\nStreet Viaduct Railway.\n(2) Nothing in this Act affects any rights over the land\nshown cross-hatched on the plan in Schedule 1\nunder the Transport Act 1983 that apply to the\nFlinders Street Viaduct Railway.\n8. Transitional provision—Melbourne Lands (Yarra\nRiver North Bank) (Amendment) Act 2005\n(1) On and from the commencement of the\nMelbourne Lands (Yarra River North Bank)\n(Amendment) Act 2005, the lease dated 13\nNovember 1997 of part of the land shown hatched\nin Schedule 1 between Melbourne City Council\nand Melbourne Underwater World Pty Ltd may be\nvaried in accordance with section 4A to include\nany part of the land shown cross-hatched on the\nplan in Schedule 1 (as substituted by that Act) as\npart of the land which is subject to that lease.\n(2) Nothing effected by this section—\n(a) is to be regarded as placing any person in\nbreach of, or as constituting a default under,\nany provision of a lease, including any\nprovision prohibiting, restricting or\nregulating the assignment of the lease; or\nS. 7\namended by\nNo. 67/2005\ns. 8 (ILA\ns. 39B(1)).\ns. 7\nS. 7(2)\ninserted by\nNo. 67/2005\ns. 8.\nS. 8\ninserted by\nNo. 67/2005\ns. 9.\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n8\n(b) is to be regarded as fulfilling any condition\nwhich allows a person to exercise a right or\nremedy in respect of, or to terminate, any\nagreement or obligation.\n__________________\ns. 8\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n9\nSCHEDULES\nSCHEDULE 1\nAQUARIUM SITE LAND\n__________________\nSch. 1\nsubstituted by\nNo. 67/2005\ns. 10.\nSch. 1\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n10\nSCHEDULE 2\nLAND TO BE DIVESTED FROM MELBOURNE CITY COUNCIL\n═══════════════\nSch. 2\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n11\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 10 April 1997\nLegislative Council: 27 May 1997\nThe long title for the Bill for this Act was \"A Bill to make further provision\nin relation to the leasing, divesting and reservation of certain land adjacent to\nthe Yarra River near Flinders Street and for other purposes.\"\nThe Melbourne Lands (Yarra River North Bank) Act 1997 was assented\nto on 27 May 1997 and came into operation as follows:\nSections 1, 2 on 27 May 1997: section 2(1); rest of Act on 19 June 1997:\nGovernment Gazette 19 June 1997 page 1384.\nEndnotes\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n12\n2. Table of Amendments\nThis Version incorporates amendments made to the Melbourne Lands\n(Yarra River North Bank) Act 1997 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nMelbourne Lands (Yarra River North Bank) (Amendment) Act 2005,\nNo. 67/2005\nAssent Date: 11.10.05\nCommencement Date: 12.10.05: s. 2\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nAct No. 28/1997\nMelbourne Lands (Yarra River North Bank) Act 1997\n13\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation has remained tightly focused on its original purpose. The 2005 amendment expanded the definition of 'aquarium site land' to include cross-hatched areas and added lease variation powers (s.4A), but this was a logical extension of the original aquarium development scheme rather than a fundamental shift in scope. The Act continues to deal exclusively with the specific Yarra River north bank site and the aquarium project."},"complexity_factors":["Short statute: only 8 operative sections plus 2 schedules","Minimal defined terms: only 3 definitions in section 3 ('aquarium site land', 'land', 'stratum of land')","Limited cross-referencing: primarily references to the Land Act 1958, Crown Land (Reserves) Act 1978, and Transport Act 1983","Single amendment incorporated (2005), adding only 3 new sections (4A, 7(2), 8) and modifying existing provisions","Conditional logic is straightforward: ministerial approval required (s.4(2)), with specific criteria (s.4(3))","No nested exceptions or complex temporal provisions beyond standard commencement rules","Geographic scope limited to specific hatched areas on plans in Schedules 1 and 2"],"plain_english_summary":"**What this law does:**\n\nThis Act is a specific piece of Victorian legislation that enables the development of the Melbourne Aquarium site on the north bank of the Yarra River, near Flinders Street Station.\n\n**Key things it does:**\n\n*   **Allows long-term leasing:** Normally, Crown land (land owned by the government) can only be leased for limited periods. This Act overrides those restrictions to allow leases of up to **50 years initially**, with possible extensions up to a **maximum of 99 years total**. This was necessary to make the aquarium development financially viable.\n\n*   **Permits \"stratum\" leasing:** The Act allows leasing of specific vertical slices of land — above, below, or at ground level — known as a \"stratum.\" This is important because the site involves complex three-dimensional development (think: aquarium tanks, buildings, railway infrastructure underneath).\n\n*   **Adds flexibility:** A 2005 amendment (Section 4A) allows existing leases to be expanded to cover additional parts of the aquarium site land without needing a completely new lease.\n\n*   **Manages land ownership:** It strips (\"divests\") certain land from Melbourne City Council's ownership, makes it Crown land again, then immediately appoints the Council as the \"committee of management\" — essentially giving them control back but under different legal rules.\n\n*   **Protects railway rights:** It specifically preserves any rights held by the Flinders Street Viaduct Railway under transport laws, ensuring the aquarium development doesn't interfere with train operations.\n\n*   **Provides access rights:** Leaseholders get legal rights to cross over parts of the site they don't lease, so they can move goods, vehicles, and people to their leased area.\n\n**Who it affects:**\n\n*   **Melbourne City Council** — gains powers to grant long-term leases and manage the land\n*   **Aquarium developers/operators** — can get secure long-term tenure needed for major investment\n*   **The State Government** — the Minister must approve all leases and ensure public interests are protected\n*   **The public** — retains rights to use the land, and the development must not harm the land's reserved purposes\n\n**Why it matters:**\n\nWithout this Act, the Melbourne Aquarium couldn't have been built as we know it. Standard Crown land leasing rules (21-year maximums under the *Land Act 1958* and *Crown Land (Reserves) Act 1978*) were too short for a major tourism and retail development requiring substantial capital investment. This is a classic example of \"bespoke legislation\" — a law written specifically to unlock one particular development project by creating exceptions to general land management rules."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The 2005 Amendment expanded the Act's operational scope by adding an explicit power to vary leases so they may apply to additional parts of the aquarium site (s.4A), substituting Schedule 1 to redefine the aquarium site, amending rights-of-passage provisions (s.5), and creating a transitional authorisation for varying a specific 1997 lease (s.8). These changes broaden the circumstances in which long-term leasing and site inclusion can occur and alter the statutory mapping and management mechanics (s.4, s.4A, Sch.1, s.5, s.8)."},"complexity_factors":["Site-specific effect tied to mapped parcels in Schedules 1 and 2 (Schedules 1 & 2)","Ministerial approval required before committee can grant leases (s.4(2)–(3))","Detailed safeguards for stratum-of-land leases (access, support, services) increasing drafting and coordination complexity (s.3 definition; s.4(3)(c)(i)–(iv))","Multiple limits on lease terms and extensions (initial term cap 50 years; aggregate cap 99 years; s.4(4)–(5)(a))","Statutory override of Land Act 1958 and Crown Land (Reserves) Act 1978 for these leases (s.4(6))","Rights of passage granted but subject to committee determinations and reasonableness constraint (s.5(1)–(2))","Divesting and temporary reservation mechanics with revocation of existing regulations and appointment of Council as committee (s.6)","Power to vary leases to include other parts of the aquarium site introduced by amendment (s.4A), plus a transitional provision allowing a specific 1997 lease variation (s.8)","Interplay between original Act and 2005 amendments requires cross-referencing amendments and substituted Schedules (various amendment notes and Sch.1 substitution)"],"plain_english_summary":"Mechanically, this Act permits the committee of management to grant long-term leases for an aquarium and related retail, tourism or commercial buildings on specified Yarra River land, creates lessees' rights of passage, allows lease variations to include other parts of the site, and divests listed land from Melbourne City Council to Crown reservation with the Council as committee. It affects leaseholders, the Council and the Minister by changing tenure length, approval rights and site management."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient text was provided to assess whether the Act's scope changed from its original intent. The document appears to contain only structural metadata (version history, status labels) rather than the actual legislative provisions needed to make this determination."},"complexity_factors":["Extremely limited substantive text provided — mostly version history and metadata, making meaningful analysis impossible","Land transfer/management acts of this type are typically narrow and technical but not deeply complex","Likely involves specific land descriptions (metes and bounds) which can be technical to parse","May interact with broader Crown land legislation and planning frameworks","Single jurisdiction (Victoria), single subject matter — limits complexity"],"plain_english_summary":"This Act concerns specific parcels on the north bank of Melbourne’s Yarra River, reallocating control, rights, or uses of Crown land in that precinct. It mainly affects government land managers, developers or organisations with riverfront interests, and the public who use the riverside. Its importance lies in shaping whether these high-value riverbank areas remain public, are developed or change hands, with direct impact on access and future land use."}},"importantCases":[],"_links":{"self":"/api/acts/melbourne-lands-yarra-river-north-bank-act-1997","history":"/api/acts/melbourne-lands-yarra-river-north-bank-act-1997/history","analysis":"/api/acts/melbourne-lands-yarra-river-north-bank-act-1997/analysis","conflicts":"/api/acts/melbourne-lands-yarra-river-north-bank-act-1997/conflicts","importantCases":"/api/acts/melbourne-lands-yarra-river-north-bank-act-1997/important-cases","documents":"/api/acts/melbourne-lands-yarra-river-north-bank-act-1997/documents"}}