{"id":"south-melbourne-land-act-1986","name":"South Melbourne Land Act 1986","slug":"south-melbourne-land-act-1986","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177839,"registerId":"vic-south-melbourne-land-act-1986-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Melbourne Land Act 1986","content":"Version No. 011\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\nVersion incorporating amendments as at 8 February 2008\nTABLE OF PROVISIONS\nSection Page\n1 Purpose 1\n2 Commencement 1\n3 Designated area 1\n4 Closure of roads and extinguishment of easements and\nrestrictive covenants 1\n5 Sale of land 3\n6 Issue of Crown grant 4\n7 Arrangements with other persons 4\n8 Land Act 1958 and Crown Land (Reserves) Act 1978 not\naffected 5\n9 Reports 5\n__________________\nSCHEDULE 6\n═══════════════\nENDNOTES 7\n1. General Information 7\n2. Table of Amendments 8\n3. Explanatory Details 9\ni\n\nVersion No. 011\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\nVersion incorporating amendments as at 8 February 2008\nThe Parliament of Victoria enacts as follows:\n1 Purpose\nThe purpose of this Act is to make provision for\nthe use of Crown lands on part of the south bank\nof the Yarra River to facilitate the redevelopment\nof that area and for other purposes.\n2 Commencement\nThis Act comes into operation on the day on\nwhich it receives the Royal Assent.\n3 Designated area\nIn this Act, designated area means the land shown\nenclosed within the heavy black broken line on\nthe plan in the Schedule.\n4 Closure of roads and extinguishment of easements\nand restrictive covenants\n(1) The Minister may recommend to the Governor in\nCouncil—\n(a) that the whole or part of any road within the\ndesignated area be closed; or\n(b) that any easement or restrictive covenant\nwithin the designated area be extinguished.\n(2) The Governor in Council may by Order give\neffect to a recommendation of the Minister under\nsubsection (1).\n1\n\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\ns. 4\n(3) The Minister must, before making a\nrecommendation to the Governor in Council—\n(a) cause notice of the Minister's intention to\nmake that recommendation to be given to—\n(i) the owners of any land which the\nMinister considers is likely to be\nsubstantially affected by the carrying\ninto effect of the recommendation; and\n(ii) the council of the municipality in which\nthe land to which the recommendation\nrelates is situated; and\n(b) give any owner or council notified an\nopportunity of making objections to the\nrecommendation; and\n(c) have due regard to all those objections, if\nany, and to any other matter that may be\nprescribed.\n(4) On the publication of any Order in relation to\nroads—\n(a) the road or the part of the road closed ceases\nto be a road or a part of a road; and\n(b) all rights and interests existing or claimed in\nthe land forming the road or the part of the\nroad closed are extinguished; and\n(c) the land forming the road or the part of the\nroad closed—\n(i) is freed from all limitations, restrictions\nand encumbrances; and\n(ii) becomes unalienated land of the\nCrown; and\n(iii) vests in the Minister.\n2\n\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\ns. 5\n(5) On the publication of any Order extinguishing an\neasement or restrictive covenant, the easement or\nrestrictive covenant is extinguished.\n(6) Any owner of land who is substantially affected\nby the carrying into effect of a recommendation of\nthe Minister is entitled to be compensated.\n(7) The amount of compensation is to be agreed\nbetween the Minister and the owner, but if they\ncannot agree, the amount is to be determined as if\nthe claim for compensation was a claim against a\ncouncil under Part XLIV of the Local\nGovernment Act 1958, and for this purpose, that\nPart applies to this section with any adaptations\nthat are necessary.\n(8) If the land forming the part of any road closed by\nOrder is not land under the operation of the\nTransfer of Land Act 1958, the publication of\nthe Order brings the land under the operation of\nthat Act.\n(9) The Registrar of Titles must make any recordings\nin the Register that are necessary to give effect to\nthis Act and may require the holder of any\nrelevant certificate of title to deliver it to the\nRegistrar.\nS. 4(9)\nsubstituted by\nNo. 18/1989\ns. 13(Sch. 2\nitem 82).\n* * * * * S. 4(10)\nrepealed by\nNo. 85/1998\ns. 24(Sch.\nitem 55).\n5 Sale of land\n(1) The Minister may, after consultation with the\nTreasurer and the Minister administering the\nPlanning and Environment Act 1987, sell by—\nS. 5(1)\namended by\nNo. 86/1989\ns. 29(1).\n(a) public auction; or\n(b) public tender; or\n3\n\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\ns. 6\n(c) private treaty—\nany Crown land within the designated area.\n(2) Any land sold under subsection (1) may be sold—\n(a) at the price; and\n(b) on any terms and conditions as to—\n(i) the use, development or redevelopment\nof the land by the purchaser;\n(ii) the time within which the land must be\ndeveloped or redeveloped; and\n(c) on any other terms and conditions—\nthat the Minister thinks fit.\n(3) The assignment or transfer of any interest under a\ncontract for the sale of land under this section\nbefore the land is granted is void, unless the\nMinister gives written consent to the assignment\nor transfer.\n6 Issue of Crown grant\n(1) The Governor in Council may, on behalf of the\nCrown, grant any land sold under section 5 and\nmay make the grant subject to conditions,\ncovenants, exceptions and reservations.\n(2) The Governor in Council may by Order vary or\nrevoke any such condition, covenant, exception or\nreservation.\n7 Arrangements with other persons\nFor the purposes of developing or redeveloping\nany Crown land within the designated area, the\nMinister may enter into a partnership, joint\nventure or other arrangement with other persons.\n4\n\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\ns. 8\n8 Land Act 1958 and Crown Land (Reserves) Act\n1978 not affected\nNothing in this Act affects the operation of the\nLand Act 1958 or the Crown Land (Reserves)\nAct 1978.\n9 Reports\nThe Minister must cause a report giving details\nof—\n(a) any compulsory acquisition of land in the\ndesignated area which is subsequently sold\nunder section 5 (including details of land, the\nacquisition and the price); and\n(b) any sale made under section 5 (including\ndetails of the land, the manner of sale, the\nprice and any terms and conditions to which\nthe sale was made subject); and\n(c) any grant, variation or revocation made\nunder section 6 (including details of the land\nand any conditions, covenants, exceptions or\nreservations to which the grant is subject, or\nwhich have been varied or revoked)—\nto be laid before the Legislative Council and the\nLegislative Assembly before the end of the 14th\nsitting day of the Legislative Council or the\nLegislative Assembly, as the case may be, after\nthe sale, grant, variation or revocation.\n__________________\n5\n\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\nSch.\nSCHEDULE\n═══════════════\n6\n\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\nEndnotes\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 9 October 1986\nLegislative Council: 18 November 1986\nThe long title for the Bill for this Act was \"A Bill to make provision for the\nredevelopment of part of the south bank of the Yarra River and for other\npurposes.\".\nThe South Melbourne Land Act 1986 was assented to on 16 December\n1986 and came into operation 16 December 1986.\n7\n\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\nEndnotes\n2. Table of Amendments\nThis Version incorporates amendments made to the South Melbourne Land\nAct 1986 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nTransfer of Land (Computer Register) Act 1989, No. 18/1989\nAssent Date: 16.5.89\nCommencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488\nCurrent State: All of Act in operation\nPlanning and Environment (Amendment) Act 1989, No. 86/1989\nAssent Date: 5.12.89\nCommencement Date: S. 29(1) on 16.2.88: s. 2(3)\nCurrent State: This information relates only to the provision/s\namending the South Melbourne Land Act 1986\nTransfer of Land (Single Register) Act 1998, No. 85/1998\nAssent Date: 17.11.98\nCommencement Date: S. 24(Sch. item 55) on 1.1.99: s. 2(3)\nCurrent State: This information relates only to the provision/s\namending the South Melbourne Land Act 1986\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n8\n\nSouth Melbourne Land Act 1986\nNo. 99 of 1986\nEndnotes\n3. Explanatory Details\nNo entries at date of publication.\n9","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act's core purpose—facilitating redevelopment of specified Crown land on the south bank of the Yarra River—remains unchanged. Subsequent amendments recorded in the Endnotes update registration procedures and cross‑references (e.g. Transfer of Land Acts, Planning Act amendment) but do not expand or narrow the Act's substantive redevelopment powers."},"complexity_factors":["Designated-area specificity: single, mapped parcel in the Schedule limits geographic scope but fixes outcomes to that plan.","Administrative split of powers: Minister recommends actions while Governor in Council issues Orders (s4, s6), creating inter-executive decision points.","Consultation and objection requirements: statutory notice to owners and municipal council and a duty to consider objections (s4(3)), creating procedural compliance obligations.","Compensation mechanism referencing other legislation: entitlement and valuation procedure apply via Part XLIV of the Local Government Act 1958 with necessary adaptations (s4(6)–(7)), adding cross‑statute complexity.","Sale and conditionality discretion: Minister may choose auction, tender or private treaty and impose development/use/time conditions and consent requirements for assignment (s5(1)–(3)), affecting market transactions and contractual freedom.","Grant and variation powers: Governor in Council may grant land with conditions and later vary or revoke those conditions (s6), creating ongoing regulatory uncertainty for purchasers.","Commercial arrangements: explicit power to enter partnerships, joint ventures or other arrangements (s7), enabling public–private structures with attendant negotiation and governance complexity.","Registration and title effects: orders can convert closed roads into Crown land and bring land under the Transfer of Land Act; Registrar of Titles duties to record changes (s4(4), s4(8)–(9)), requiring land‑title administration steps."],"plain_english_summary":"This Act authorises the Minister to close roads, extinguish easements, sell Crown land and issue Crown grants within a defined South Melbourne area to facilitate redevelopment of the Yarra River's south bank. Owners substantially affected can claim compensation; the Minister recommends actions and the Governor in Council makes orders, the Minister must notify owners and councils and consider objections, and the Minister may set sale conditions and enter partnerships or joint ventures (see ss 4, 5, 6, 7)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating redevelopment of the specific South Melbourne riverfront area mapped in the Schedule. The amendments since 1986 have been technical updates (e.g., adapting to changes in land registration systems, updating ministerial titles) rather than expansions of substantive power or geographic scope. The Act has not grown beyond its initial site-specific redevelopment mandate."},"complexity_factors":["Short statute: only 9 operative sections plus a schedule","Single defined term ('designated area') referring to a map rather than a textual description","Minimal cross-referencing: only references to Local Government Act 1958 (Part XLIV), Transfer of Land Act 1958, Land Act 1958, Crown Land (Reserves) Act 1978, and Planning and Environment Act 1987","Straightforward procedural structure: recommendation → Governor in Council Order → effect","Some conditional logic in section 4 (notice requirements, compensation triggers) but no nested exceptions","Simple savings clause in section 8 preserving other statutes","Legislative history shows only 3 amending Acts over 22 years, suggesting stable, narrow scope"],"plain_english_summary":"**What this law does:**\n\nThis Act is a special-purpose law that clears the way for redeveloping a specific patch of government-owned land on the south bank of the Yarra River in South Melbourne. It gives the Minister special powers to:\n\n* **Close roads** and **wipe out easements** (legal rights for others to use the land, like drainage pipes or access paths) and **restrictive covenants** (rules limiting what can be built) within a mapped area\n* **Sell the land** by auction, tender, or private deal, with conditions attached about how and when it must be developed\n* **Partner with private developers** through joint ventures or other business arrangements\n\n**Who it affects:**\n\n* **Landowners nearby** — if the Minister closes a road or removes an easement that affects their property, they can claim compensation\n* **Developers** — they can buy this Crown land (government land) but face strict rules about timing and use, and can't on-sell their purchase contract without permission\n* **Local council** — must be consulted and given a chance to object before roads are closed or rights are extinguished\n\n**Why it matters:**\n\nThis is a classic example of a **\"site-specific\" statute** — a law written for one particular development project rather than general rules. It streamlines what would normally be a slow, bureaucratic process (closing roads, clearing title defects, selling Crown land) into a single legislative package. The trade-off is reduced procedural safeguards: the Minister has broad discretion, and while affected landowners get compensation, they don't get a veto.\n\nThe Act also ensures transparency by requiring the Minister to report sales, acquisitions, and grants to Parliament."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient text is available to assess whether the scope of this Act has changed from its original intent. The existence of a consolidated version indicates amendments have been made since 1986, but without the full legislative text — including any amendment history or explanatory memoranda — it is impossible to determine whether those amendments expanded, narrowed, or materially altered the original scope of the legislation."},"complexity_factors":["Insufficient legislative text provided — only metadata is available, preventing meaningful complexity analysis","Land Acts of this type are typically narrow and specific in scope, dealing with defined parcels of land rather than broad legal frameworks","Single jurisdiction (Victoria) with no apparent cross-jurisdictional complexity","1986 vintage legislation is unlikely to involve modern regulatory complexity such as digital systems or layered Commonwealth-state interactions","Consolidated version suggests some amendments have been made, which could add minor interpretive complexity"],"plain_english_summary":"The South Melbourne Land Act 1986 is a Victorian statute (Act 99/1986), currently in force in consolidated form, that governs particular land in the South Melbourne area.\n\nLaws of this type typically affect landowners, developers and government by enabling transfers, development or rezoning, resolving title issues and setting uses or management rules. Obtain the full text or legal advice to know precise rights and obligations."}},"importantCases":[],"_links":{"self":"/api/acts/south-melbourne-land-act-1986","history":"/api/acts/south-melbourne-land-act-1986/history","analysis":"/api/acts/south-melbourne-land-act-1986/analysis","conflicts":"/api/acts/south-melbourne-land-act-1986/conflicts","importantCases":"/api/acts/south-melbourne-land-act-1986/important-cases","documents":"/api/acts/south-melbourne-land-act-1986/documents"}}