{"id":"mooroopna-race-course-land-act-1901","name":"Mooroopna Race-course Land Act 1901","slug":"mooroopna-race-course-land-act-1901","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174217,"registerId":"vic-mooroopna-race-course-land-act-1901-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mooroopna Race-course Land Act 1901","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nMooroopna Race-course Land Act 1901\nAct No. 1739/1901\nVersion as at 7 August 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title 2\n2. Order in Council revoked 2\n3. Crown grant revoked on land revested in Crown 2\n4. Land described in Schedule may be sold by auction 2\n5. Proceeds of sale to be paid to trustees 3\n6. Provision as to misappropriation of proceeds 3\n7. Power to remove trustees and appoint others 4\n__________________\nSCHEDULE 5\n═══════════════\nENDNOTES 6\n1. General Information 6\n2. Table of Amendments 7\n3. Explanatory Details 8\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nMooroopna Race-course Land Act 1901\nAct No. 1739/1901\nVersion as at 7 August 2000\nAn Act to authorize the Sale of the Mooroopna Race-course\nReserve and for other purposes.\nPreamble\nWHEREAS by an Order in Council dated the\nnineteenth day of February One thousand eight\nhundred and eighty-nine1 the land described in the\nSchedule to this Act was reserved from sale\npermanently as a site for a race-course and other\npurposes of public recreation in the parish of\nMooroopna:\nAND WHEREAS by deed poll bearing date the\ntwenty-second day of February One thousand eight\nhundred and eighty-nine registered in the register-\nbook of the Office of Titles volume two thousand\none hundred and eighty-two folio four hundred and\nthirty-six thousand three hundred and thirty-one\nthe Administrator of the Government in Council\ndid grant the said land unto Thomas Darcy, farmer,\nJohn Hill, grazier, William Morrison Brown,\npublican, Martin Cussen, auctioneer, and Matthew\nKilpatrick, farmer, all of Mooroopna (hereinafter\ncalled the said trustees), for the said purposes:\nAND WHEREAS the said land is not convenient\nor suitable for the purposes for which the same was\ngranted and it is expedient that the said land should\nbe sold and that the money derived from the sale\nthereof should be devoted to the purchase of other\nland more convenient and suitable for such\npurposes:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1739/1901\nMooroopna Race-course Land Act 1901\n2\nAND WHEREAS the said trustees have in writing\nconsented to the sale of the land granted as\naforesaid:\nBE IT THEREFORE ENACTED by the King's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title\nThis Act may be cited as the Mooroopna Race-\ncourse Land Act 1901.\n2. Order in Council revoked\nThe Order in Council dated the nineteenth day of\nFebruary in the year One thousand eight hundred\nand eighty-nine permanently reserving from sale\nas a site for a race-course and other purposes of\npublic recreation the land described in the\nSchedule to this Act is hereby revoked.\n3. Crown grant revoked on land revested in Crown\nThe grant bearing date the twenty-second day of\nFebruary in the year One thousand eight hundred\nand eighty-nine of the land described in the said\nSchedule is hereby made void revoked and\nannulled and the Registrar of Titles is hereby\nauthorized and directed to cancel the enrolment of\nrecord thereof in the Office of Titles and the said\nland is hereby revested in His Majesty freed and\ndischarged from all trusts limitations and\nrestrictions whatsoever.\n4. Land described in Schedule may be sold by auction\nSubject to such covenants conditions exceptions\nand reservations as the Governor in Council may\ndirect the land described in the Schedule to this\nAct may be sold in fee simple by public auction at\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1739/1901\nMooroopna Race-course Land Act 1901\n3\nsuch upset price as the Governor in Council may\ndirect.\n5. Proceeds of sale to be paid to trustees\nWhen the said land is sold and the Board of Land\nand Works receives from the purchaser the\namount of the value of the said land the Board\nshall pay to the Commercial Bank a sum not\nexceeding Two hundred and fifty pounds being an\namount advanced to the trustees and expended in\nimprovements on the said land and shall then\nupon such terms and subject to such trusts as the\nGovernor in Council may approve pay the balance\nto the said trustees upon trust for the purchase and\nimprovement of a site in allotment six, parish of\nMooroopna, for a race-course and other purposes\nof public recreation and for no other purpose\nwhatsoever.\n6. Provision as to misappropriation of proceeds\nIf any appropriation not authorized by this Act be\nmade of any moneys paid to or held in trust by the\nsaid trustees or any trustee appointed as\nhereinafter provided the trustees who have\nconsented to the misappropriation of such moneys\nin addition to any criminal proceedings to which\nthey may be liable in respect thereof shall be\njointly and severally liable to refund the amount\nof such appropriation together with interest\nthereon and the same may in any court of\ncompetent jurisdiction be recovered by the Board\nof Land and Works from such trustees or any of\nthem as money lent to such trustees and may be\nsued for by any person appointed in that behalf by\nthe said Board.\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1739/1901\nMooroopna Race-course Land Act 1901\n4\n7. Power to remove trustees and appoint others\nThe Governor in Council may from time to time\nas and when he shall think fit remove from the\nsaid trusts any trustee whether appointed before or\nunder this Act and upon the death resignation or\nremoval of any trustee may appoint another in his\nstead.\n__________________\ns. 7\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1739/1901\nMooroopna Race-course Land Act 1901\n5\nSCHEDULE\nLand permanently reserved by Order of the 19th February, 1889, as a site for\na race-course and other purposes of public recreation, vide Government\nGazettes of the 18th January, 1889, page 178, and the 22nd February,\n1889, page 687.\nOne hundred and sixty-five acres three roods thirty-two perches, county of\nRodney parish of Mooroopna, being allotment 171A:\nCommencing at the north angle of the allotment; bounded thence by the\nArdpatrick pre-emptive section bearing S. 42º 49' E. sixty-six chains fifteen\nlinks; thence by a line bearing S. 53º 18' W. eight chains eighty-six links;\nthence by allotment 171 bearing S. 64º 4' W. thirty-one chains forty-six links;\nand thence by roads bearing respectively N. 18º 22' W. fifty-six chains\neighty-one links and N. 31º 21' E. sixteen chains to the point of\ncommencement.\n═══════════════\nSections 2–4.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1739/1901\nMooroopna Race-course Land Act 1901\n6\nENDNOTES\n1. General Information\nThe Mooroopna Race-course Land Act 1901 was assented to on 8 October\n1901 and came into operation on 8 October 1901.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1739/1901\nMooroopna Race-course Land Act 1901\n7\n2. Table of Amendments\nThere are no amendments made to the Mooroopna Race-course Land Act\n1901 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1739/1901\nMooroopna Race-course Land Act 1901\n8\n3. Explanatory Details\n1 Preamble: Government Gazettes 18 January 1889 page 178, 19 February\n1889 page 687.\nEndnotes","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to retain its original narrow purpose of dealing with a specific parcel of racecourse land in Mooroopna. There is no indication of amendments that broadened or significantly altered its original intent."},"complexity_factors":["Very narrow and specific subject matter — limited to one parcel of land in one town","Insufficient text provided to assess internal legal complexity or operative clauses","Single-purpose legislation typical of the era, generally straightforward in structure","Age of the Act (1901) may create interpretive challenges due to archaic drafting conventions","Interaction with modern land law frameworks (e.g., the Transfer of Land Act) could add minor complexity for practitioners"],"plain_english_summary":"The Mooroopna Race-course Land Act 1901 is a narrow, local Victorian law that sets aside and governs a specific parcel of Crown land for use as a racecourse in Mooroopna. It primarily affects the local racing club, anyone with an interest in that parcel, and local authorities. Practically irrelevant to most people today, it still matters legally if the land is sold, redeveloped, or its use is contested."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act changes the original scope by removing a permanent reservation for a race-course and public recreation (and annulling the 1889 Crown grant) so the land is revested in the Crown and may be sold (ss.2–3, Schedule). Proceeds are redirected—first to repay a bank advance, then held in trust to buy and improve a specific replacement allotment for the same purposes (s.5). The Governor in Council gains discretion over sale conditions and trustee appointments/removals (ss.4, 7)."},"complexity_factors":["Revocation of the reservation and annulment of the Crown grant, with direction to the Registrar of Titles to cancel enrolment (ss.2–3).","Discretion granted to the Governor in Council to set sale terms (including upset price) and to remove or appoint trustees (ss.4, 7).","Specified application of proceeds: repayment priority to the Commercial Bank (up to £250) then held on trust for purchase/improvement of a named allotment (s.5).","Civil remedy for unauthorised appropriation: trustees liable to refund with interest and funds recoverable as 'money lent' (s.6).","Statutory revesting 'freed and discharged from all trusts limitations and restrictions whatsoever' may extinguish prior third‑party interests (s.3).","Precise cadastral description in the Schedule ties the Act to a single parcel, limiting generalisability (Schedule).","Historic drafting and fixed monetary figure (£250) introduce potential interpretive issues for modern application (s.5)."],"plain_english_summary":"This Act revokes an 1889 reservation and Crown grant of land at Mooroopna, revests that land in the Crown and authorises its sale by public auction on terms the Governor in Council sets. Sale receipts must first repay a bank advance (up to £250) and then be held in trust to buy and improve a specified replacement allotment for a race-course. It affects the original trustees, the Board of Land and Works, the Governor in Council and prospective purchasers."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the sale of the specific Mooroopna racecourse land and reinvesting proceeds in a replacement site. No expansion of scope has occurred; the Act has never been amended."},"complexity_factors":["Only 7 operative sections plus a Schedule","No defined terms section; only a few specific individuals named in the preamble","Minimal cross-referencing (only internal references to the Schedule)","Straightforward sequential logic: revoke old grant → revest in Crown → sell → pay proceeds to trustees with specific trust purposes","Single condition in section 5 (repayment of £250 to bank before balance to trustees)","No amendments since enactment in 1901","Narrow, specific scope dealing with one parcel of land and five named individuals"],"plain_english_summary":"This is a short Victorian law from 1901 that allows the government to sell a specific parcel of land in Mooroopna (a town in Victoria) that was originally set aside as a racecourse and public recreation area in 1889.\n\n**What happened:**\n- In 1889, the Victorian government reserved 165 acres of land near Mooroopna as a racecourse and public recreation area, and appointed five local men as trustees to manage it.\n- By 1901, the land was no longer suitable for these purposes, so the trustees agreed to sell it.\n\n**What this law does:**\n- **Cancels the original reservation** – the 1889 Order in Council is revoked.\n- **Cancels the original land grant** – the 1889 grant to the trustees is voided, and the land returns to Crown (government) ownership.\n- **Allows the land to be sold** – the government can sell the land at public auction.\n- **Directs where the money goes** – after repaying £250 to the Commercial Bank for money advanced to the trustees for improvements, the remaining sale proceeds must be used to buy and improve a different site (specifically allotment 6 in the parish of Mooroopna) for a new racecourse and recreation area.\n- **Protects against misuse of funds** – if the trustees misuse the money, they must pay it back with interest, and the government can sue them to recover it.\n- **Allows trustee changes** – the Governor in Council can remove trustees and appoint new ones as needed.\n\n**Who it affects:**\n- The five original trustees and any future trustees appointed for the new racecourse site.\n- The local community of Mooroopna, who would get a new, more suitable racecourse and recreation area.\n\n**Why it matters:**\nThis is an example of 19th/early 20th century \"private legislation\" – a law passed to deal with a specific local issue involving specific people and land. It shows how governments handled land swaps when original purposes became impractical, ensuring public assets were preserved (by requiring the money be reinvested in a similar purpose) rather than simply sold off."}},"importantCases":[],"_links":{"self":"/api/acts/mooroopna-race-course-land-act-1901","history":"/api/acts/mooroopna-race-course-land-act-1901/history","analysis":"/api/acts/mooroopna-race-course-land-act-1901/analysis","conflicts":"/api/acts/mooroopna-race-course-land-act-1901/conflicts","importantCases":"/api/acts/mooroopna-race-course-land-act-1901/important-cases","documents":"/api/acts/mooroopna-race-course-land-act-1901/documents"}}