{"id":"melbourne-market-and-park-lands-act-1992","name":"Melbourne Market and Park Lands Act 1992","slug":"melbourne-market-and-park-lands-act-1992","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176485,"registerId":"vic-melbourne-market-and-park-lands-act-1992-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Melbourne Market and Park Lands Act 1992","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nMelbourne Market and Park Lands Act 1992\nAct No. 20/1992\nVersion as at 6 July 1999\nTABLE OF PROVISIONS\nSection Page\n1. Purposes 1\n2. Commencement 2\n3. Revocation of reservations 2\n4. Consequences of revoking reservations 2\n5. Sale of site 2\n6. Entitlement to Crown grant 4\n7. Historic Buildings Act not affected 4\n8. Agreements for access to and maintenance of the gardens 4\n9. Amendment of Melbourne Market and Park Lands Act 1933 5\n10. What if the land is not sold? 5\n11. No compensation payable by Crown 6\n12. Supreme Court—limitation of jurisdiction 6\n__________________\nSCHEDULE—Land in respect of which the reservations are revoked 7\n═══════════════\nENDNOTES 8\n1. General Information 8\n2. Table of Amendments 9\n3. Explanatory Details 10\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nMelbourne Market and Park Lands Act 1992\nAct No. 20/1992\nVersion as at 6 July 1999\nPreamble\nLand in Spring Street, Melbourne is occupied in\npart by the Royal Australasian College of\nSurgeons, and other parts of that land are reserved\nfor public gardens:\nIt is desirable to authorise the sale of the whole of\nthe land to the Royal Australasian College of\nSurgeons and, to enable this to be done, to revoke\nreservations affecting the land and to make\nalternative provision for the maintenance of and\npublic access to the gardens:\nThe Parliament of Victoria therefore enacts as follows:\n1. Purposes\nThe purposes of this Act are—\n(a) to revoke the reservations of land in Spring\nStreet, Melbourne;\n(b) to authorise the sale of that land to the Royal\nAustralasian College of Surgeons;\n(c) to make provision for continued maintenance\nof and public access to the gardens on the\nland to be sold;\n(d) to amend the Melbourne Market and Park\nLands Act 1933.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 20/1992\nMelbourne Market and Park Lands Act 1992\n2\n2. Commencement\nThis Act comes into operation on the day on\nwhich it receives the Royal Assent.\n3. Revocation of reservations\n(1) The land in item 1 of the Schedule ceases to be\nsubject to the reservation described in that item.\n(2) The Order in Council specified in item 2 of the\nSchedule is revoked.\n4. Consequences of revoking reservations\nOn land ceasing to be subject to a reservation by\nforce of section 3(1) or (2)—\n(a) the land is deemed to be unalienated land of\nthe Crown and is freed and discharged from\nall trusts, limitations, reservations,\nrestrictions, encumbrances, estates and\ninterests;\n(b) the appointment of any committee of\nmanagement is revoked to the extent that it\nrelates to the 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.\n5. Sale of site\n(1) The Minister, on behalf of the Crown, may sell all\nor any part of the land in certified plan No.\n110853 lodged in the Central Plan Office to the\nRoyal Australasian College of Surgeons on any\nterms and conditions that the Minister thinks fit.\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 20/1992\nMelbourne Market and Park Lands Act 1992\n3\n(2) Without limiting sub-section (1), those terms and\nconditions—\n(a) may entitle the purchaser to possession of the\nland sold on payment of part of the purchase\nprice;\n(b) may require the purchaser to enter into an\nagreement with the Minister or the\nMelbourne City Council concerning the\nmaintenance of and public access to the\ngardens on the land;\n(c) may provide that the Minister is to lease that\npart of the land on which public gardens are\nlocated to the Melbourne City Council until\nthe date of completion of the sale and for the\nrelationship between the interest and rights\nof the lessee under the lease and the rights of\nthe purchaser if the purchaser becomes\nentitled to possession of the land under the\ncontract of sale;\n(d) may require the purchaser, on the completion\nof the sale, to enter into a lease with the\nMelbourne City Council of that part of the\nland used for public gardens and for that\nlease to be in a form approved by the\nMinister;\n(e) must state the terms, conditions, covenants,\nexceptions, reservations and limitations that\nare to be included in any Crown grant to\nwhich, in accordance with the contract of\nsale, the purchaser may become entitled.\n(3) The Minister, on behalf of the Crown, may\nexecute any document or do anything else\nnecessary to give effect to the sale.\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 20/1992\nMelbourne Market and Park Lands Act 1992\n4\n(4) Without limiting section 2(2) of the Sale of Land\nAct 1962 Part I of that Act does not apply to a\nterms contract for the sale of land entered into\nunder this section.\n6. Entitlement to Crown grant\n(1) On the Royal Australasian College of Surgeons\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 College\nfor an estate in fee simple.\n(2) A Crown grant under this section is subject to any\nterms, conditions, covenants, exceptions,\nreservations and limitations that the terms and\nconditions of sale state are to be included in the\nCrown grant and are included by the Governor in\nCouncil in that grant.\n7. Historic Buildings Act not affected\nThis Act and anything done under it do not affect\nthe operation of the Historic Buildings Act 1981\nor any entry made in a Register kept under that\nAct.\n8. Agreements for access to and maintenance of the\ngardens\n(1) The Minister, on behalf of the Crown, may in\nrespect of any period before the issue of a Crown\ngrant under this Act enter into an agreement with\nthe Melbourne City Council concerning the\nmaintenance of, and public access to, the gardens\non any land described in certified plan No. 110853\nthat is leased to or occupied by the Council.\n(2) An agreement under this section must not include\nterms or conditions inconsistent with the terms\nand conditions of a sale of the land under this Act.\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsAct No. 20/1992\nMelbourne Market and Park Lands Act 1992\n5\n9. Amendment of Melbourne Market and Park Lands\nAct 1933\n(1) For the purposes of this section the Minister may,\nby notice published in the Government Gazette,\nappoint a day, being a day on or after the day on\nwhich a Crown grant including all the land\ndescribed in certified plan No. 110853 has been\nissued but not later than 90 days after the issue of\nthat Crown grant.\n(2) On the appointed day, the Melbourne Market\nand Park Lands Act 1933 is amended as\nfollows—\n(a) in section 4, sub-section (2) is repealed;\n(b) in section 4(5) paragraph (a) is repealed.\n10. What if the land is not sold?\n(1) If not later than 31 December 1993 the Minister is\nsatisfied that—\n(a) no contract for the sale of land under this Act\nhas been entered into; or\n(b) a contract for the sale of land under this Act\nhas been entered into but, without the issue\nof a Crown grant, has been brought to an end\n(whether by avoidance, rescission,\ntermination, or otherwise) as a consequence\nof a breach of the contract by the\npurchaser—\nthe Minister must, by notice published in the\nGovernment Gazette, appoint a day for the\npurposes of this section, being not later than\n1 March 1994.\n(2) On the appointed day sections 5 and 6 are\nrepealed.\ns. 9\n\nVictorian Legislation and Parliamentary DocumentsAct No. 20/1992\nMelbourne Market and Park Lands Act 1992\n6\n(3) As soon as practicable after the appointed day, the\nGovernor in Council shall, in accordance with the\nCrown Land (Reserves) Act 1978, permanently\nreserve so much of the land described in certified\nplan No. 110853 as is not, in the opinion of the\nGovernor in Council, required for buildings on\nthat land or for extensions of or approaches to\nthose buildings, as a site for public gardens and\nappoint the Melbourne City Council as Committee\nof Management for the land.\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.\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.\n__________________\ns. 11\n\nVictorian Legislation and Parliamentary DocumentsAct No. 20/1992\nMelbourne Market and Park Lands Act 1992\n7\nSCHEDULE\nSection 3\nLAND IN RESPECT OF WHICH THE RESERVATIONS ARE\nREVOKED\nItem\nSituation and\narea of land\nInstrument\nand date of\nreservation\nDescription\nby reference\nto\nGovernment\nGazette\nPurpose of\nreservation\nExtent of\nrevocation\n1.\n2.\nEast\nMelbourne\nParish of\nMelbourne\nNorth, County\nof Bourke\nbeing part of\nCrown\nallotment 21,\nsection 1, not\nrequired for\nbuildings,\nextensions\nthereof and\napproaches\nthereto as\nprovided by\nsection 4 of the\nMelbourne\nMarket and\nPark Lands\nAct 1933\nEast\nMelbourne\nParish of\nMelbourne\nNorth, County\nof Bourke\nbeing Crown\nallotments 21A\nand 21B,\nsection 1\nAct No.\n4184/1933\nsection 4 as\namended by\nAct No.\n5913/1955\nOrder in\nCouncil\n6 December\n1988\nGovernment\nGazette 14\nDecember\n1988 page\n3761\nPurpose of a\npublic garden\nPublic\npurposes\n(Health\nDepartment)\nThe entire\nreserve\nThe entire\nreserve\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 20/1992\nMelbourne Market and Park Lands Act 1992\n8\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 30 April 1992\nLegislative Council: 26 May 1992\nThe long title for the Bill for this Act was \"A Bill to revoke the reservations\nof certain land at Melbourne, to authorise the sale of that land to the Royal\nAustralasian College of Surgeons, to amend the Melbourne Market and\nPark Lands Act 1933 and for other purposes.\".\nConstitution Act 1975:\nSection 85(5) statement:\nLegislative Assembly: 30 April 1992\nLegislative Council: 26 May 1992\nAbsolute majorities:\nLegislative Assembly: 21 May 1992\nLegislative Council: 3 June 1992\nThe Melbourne Market and Park Lands Act 1992 was assented to on\n16 June 1992 and came into operation on 16 June 1992.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 20/1992\nMelbourne Market and Park Lands Act 1992\n9\n2. Table of Amendments\nThere are no amendments made to the Melbourne Market and Park Lands\nAct 1992 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 20/1992\nMelbourne Market and Park Lands Act 1992\n10\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"The Act's operative provisions implement the Preamble and section 1 purposes—revoking reservations, enabling sale to the Royal Australasian College of Surgeons, and providing for maintenance and public access to gardens. The endnotes record no subsequent amendments to alter scope."},"complexity_factors":["Land-status and trust removal: revocation of reservations converts the specified parcels into unalienated Crown land and frees them from prior trusts, limitations and encumbrances (s 3(1); s 4(a)).","High ministerial discretion over sale terms: the Minister may sell on \"any terms and conditions\" and impose possession, maintenance and lease arrangements (s 5(1)–(2); s 5(3)).","Contractual and conveyancing carve-outs: Part I of the Sale of Land Act 1962 is made inapplicable to terms contracts under this Act, changing normal sale protections (s 5(4)).","Post-sale Crown grant mechanics: Governor in Council may grant fee simple subject to the sale's stated conditions, folding contract terms into the Crown grant (s 6(1)–(2)).","Ongoing public-access and maintenance obligations: the Minister may require the purchaser to enter agreements or leases with the Melbourne City Council about garden maintenance and access (s 5(2)(b),(d); s 8).","Contingent sunset and re-reservation mechanism: if sale fails by set dates the Act provides for repeal of sale powers and re-reservation of unused land as public gardens with Council appointed committee of management (s 10(1)–(3)).","No Crown compensation and curtailed judicial remedies: the Crown disclaims compensation liability and the Act intends to limit the Supreme Court's ability to award compensation for acts under it (s 11; s 12).","Limited interactions with heritage law: actions under this Act expressly do not affect the operation of the Historic Buildings Act or existing registry entries (s 7)."],"plain_english_summary":"This Act revokes reservations over specific Spring Street land, treats that land as unalienated Crown land and empowers the Minister to sell it to the Royal Australasian College of Surgeons on terms the Minister sets, including requirements for maintenance and public access to the gardens and leases to the Melbourne City Council. It affects the Crown (seller), the College (buyer), the City Council (potential lessee/manager) and the public (access). The Act excludes compensation by the Crown and seeks to limit Supreme Court awards arising from actions under the Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope change cannot be assessed as the substantive provisions of the Act were not included in the text provided. Only administrative and version history metadata was supplied."},"complexity_factors":["Insufficient legislative text provided — only title and version metadata are present","Unable to assess cross-references to other Acts or regulations","Cannot evaluate definitions, enforcement mechanisms, or exemptions","Title suggests potential dual-subject matter (market governance AND park lands) which could add complexity, but this cannot be confirmed","Score reflects the minimal content available, not the likely complexity of the full Act"],"plain_english_summary":"## Melbourne Market and Park Lands Act 1992\n\nThis is a Victorian Act from 1992 dealing with the **Melbourne Market** (a major wholesale produce market) and surrounding **park lands** in Melbourne.\n\nUnfortunately, the text provided contains only the title, version history metadata, and administrative information — **the actual substantive content of the Act is not included**. Based on the title and historical context alone:\n\n- This Act likely governs the **management, ownership, and use** of the Melbourne Market site and adjacent public green spaces\n- It would affect **market operators, stallholders, traders, government authorities**, and potentially **local residents** who use nearby parklands\n- It may deal with land tenure (who owns or controls the land), planning restrictions, and the transition of market operations\n\n**Without the full text, a complete analysis cannot be provided.**"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the sale of specific Spring Street land to the Royal Australasian College of Surgeons while protecting garden access. The 1999 version shows no amendments, and the Act's structure (including the sunset/rollback provision in section 10) indicates it was designed as a time-limited, transaction-specific instrument rather than an expanding regulatory regime."},"complexity_factors":["Short statute — only 12 operative sections plus a Schedule","Single purpose legislation with clear sequential logic (revoke → sell → grant → fallback)","Minimal defined terms — relies on external references (Crown Land (Reserves) Act 1978, Sale of Land Act 1962) without redefining them","Some conditional complexity in section 5(2) with nested sub-paragraphs (a)-(e) setting out mandatory and permissive sale conditions","Temporal contingency in section 10 creating an 'if-then' fallback mechanism with specific deadlines (31 December 1993, 1 March 1994)","Cross-reference to certified plan No. 110853 for land description rather than textual description","Constitutional override in section 12 explicitly limiting Supreme Court jurisdiction — unusual but clearly drafted"],"plain_english_summary":"This law allows the Victorian Government to sell a specific piece of public land in Spring Street, Melbourne to the Royal Australasian College of Surgeons (RACS).\n\n**What it does:**\n- **Removes public protections** on the land by revoking (cancelling) existing reservations that kept it as public gardens and Crown land\n- **Authorises the sale** of the land to RACS on whatever terms the Minister thinks appropriate\n- **Protects public access** by requiring agreements for the gardens to remain open to the public and be maintained, even after sale\n- **Provides a backup plan** — if the sale doesn't happen by the end of 1993, the land goes back to being permanently reserved as public gardens managed by Melbourne City Council\n\n**Who it affects:**\n- **Royal Australasian College of Surgeons** — gets the opportunity to buy the land\n- **Melbourne City Council** — continues to manage the gardens and lease the land until sale completes, then leases the garden portion back from RACS\n- **The public** — retains access to the gardens through legally binding agreements\n\n**Why it matters:**\nThis is a classic example of a \"private Bill\" — legislation designed to facilitate a specific commercial transaction involving public assets. It balances the government's desire to sell surplus land with protections for public green space. The law also explicitly blocks anyone from suing for compensation over the deal (sections 11 and 12), which is a significant limitation on normal legal rights."}},"importantCases":[],"_links":{"self":"/api/acts/melbourne-market-and-park-lands-act-1992","history":"/api/acts/melbourne-market-and-park-lands-act-1992/history","analysis":"/api/acts/melbourne-market-and-park-lands-act-1992/analysis","conflicts":"/api/acts/melbourne-market-and-park-lands-act-1992/conflicts","importantCases":"/api/acts/melbourne-market-and-park-lands-act-1992/important-cases","documents":"/api/acts/melbourne-market-and-park-lands-act-1992/documents"}}