{"id":"yarra-park-road-act-1897","name":"Yarra Park Road Act 1897","slug":"yarra-park-road-act-1897","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174542,"registerId":"vic-yarra-park-road-act-1897-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Yarra Park Road Act 1897","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nYarra Park Road Act 1897\nAct No. 1517/1897\nVersion as at 18 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title 1\n2. Construction of roadway to Melbourne Cricket Ground not a\nbreach of Crown grant 2\n3. When roadway to be kept open 2\n═══════════════\nENDNOTES 3\n1. General Information 3\n2. Table of Amendments 4\n3. Explanatory Details 5\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nYarra Park Road Act 1897\nAct No. 1517/1897\nVersion as at 18 February 2003\nAn Act to enable portions of the Yarra Park in the City of\nMelbourne to be used for the purposes of a Road.\nPreamble\nWHEREAS Yarra Park in the City of Melbourne\nwas by the Governor in Council permanently\nreserved from sale and granted unto and vested1 in\nthe Board of Land and Works and the Mayor\nAldermen Councillors and Citizens of the City of\nMelbourne and their successors to be maintained\nand used as and for a Public Park and offices and\nconveniences connected therewith:\nAND WHEREAS it is expedient that a roadway\nfor vehicular traffic be constructed in the said park\nfrom the junction of Jolimont-terrace and Jolimont-\nstreet in the said city to the Melbourne Cricket\nGround:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of\nthe Legislative Council and the Legislative Assembly of\nVictoria in this present Parliament assembled and by the\nauthority of the same as follows (that is to say):\n1. Short title\nThis Act may be cited as the Yarra Park Road\nAct 1897.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1517/1897\nYarra Park Road Act 1897\n2\n2. Construction of roadway to Melbourne Cricket\nGround not a breach of Crown grant\nNotwithstanding anything contained in the Crown\ngrant of the said park the construction of the\nroadway hereinbefore referred to shall not be\ndeemed to be a breach of the terms and conditions\nof the Crown grant vesting the said park in the\nsaid Board and the said Mayor Aldermen\nCouncillors and Citizens; and the right and title of\nthe said Board and the said Mayor Aldermen\nCouncillors and Citizens to the said park shall not\nin any way be prejudiced or affected by reason of\nthe construction of such roadway.\n3. When roadway to be kept open\nThat such roadway shall at all times be kept open\nfor such vehicular traffic except during such times\nand so long only as the said Board of Land and\nWorks and the said Mayor Aldermen Councillors\nand Citizens shall jointly be of the opinion that the\nsaid roadway shall be closed.\n═══════════════\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1517/1897\nYarra Park Road Act 1897\n3\nENDNOTES\n1. General Information\nThe Yarra Park Road Act 1897 was assented to on 27 September 1897 and\ncame into operation on 27 September 1897.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1517/1897\nYarra Park Road Act 1897\n4\n2. Table of Amendments\nThere are no amendments made to the Yarra Park Road Act 1897 by Acts\nand subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1517/1897\nYarra Park Road Act 1897\n5\n3. Explanatory Detail\n1 Preamble: Register Book, volume 600, folio 119902.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This version has not expanded the Act’s original purpose. The Act remains a brief, targeted authorisation (permit construction of a roadway through Yarra Park and preserve park title) and contains no later amendments or added functions. The scope is the same as the original 1897 enactment."},"complexity_factors":["Very short Act (three operative sections plus preamble)","No defined terms or schedules","Single conditional exception (road may be closed when two public bodies jointly decide)","No cross-references to other operative legislation for procedural requirements","No amendment history (no subsequent changes noted)"],"plain_english_summary":"**What this law does (in plain English)**\n\n- It authorises a roadway to be built through part of Yarra Park (in the City of Melbourne) to link Jolimont Terrace/Jolimont Street with the Melbourne Cricket Ground (MCG). (Preamble)\n\n- It says that building this roadway does not break the Crown grant that vested Yarra Park in the Board of Land and Works and the Mayor, Aldermen, Councillors and Citizens of the City of Melbourne — in other words, the construction will not be treated as a legal breach of the terms that govern the park and the park’s title is not affected by putting in the road. (s 2)\n\n- It requires that the roadway be kept open for vehicular traffic at all times, except when the Board of Land and Works and the City of Melbourne (the Mayor, Aldermen, Councillors and Citizens acting jointly) decide it should be closed. That closure power is exercised only for such times and for so long as those two bodies jointly consider closure necessary. (s 3)\n\n**Who is affected**\n\n- The Board of Land and Works and the City of Melbourne: they retain legal title and have the joint power to close the road (ss 2–3).\n- Road users and event organisers: the road is to be kept open for vehicle traffic except during jointly authorised closures (s 3).\n- Land-management and planning authorities: the Act creates a statutory basis for using park land for a public roadway (preamble; s 2).\n\n**Why it matters (practical effects and what changes mechanically)**\n\n- Clears legal uncertainty about using reserved parkland for a road by stating such construction is not a breach of the Crown grant and does not diminish the park title or rights of the grantees (s 2). That reduces legal risk for building and operating the road.\n\n- Establishes who decides whether the road can be closed temporarily: the Board of Land and Works together with the City of Melbourne acting jointly. The Act does not set criteria for closure, nor does it specify funding, maintenance responsibilities, or traffic rules. (s 3)\n\n**Mechanisms, incentives and trade-offs (brief analytical note)**\n\n- Who pays/maintains: the Act does not allocate funding or maintenance duties. That omission leaves those practical and budgetary questions to other arrangements (not in the Act).\n\n- Who decides: closure power is concentrated in two public bodies acting jointly (s 3). That creates a formal gate for temporary closures (for events, works or safety), but the Act does not specify thresholds or processes for exercising that discretion.\n\n- Effect on ownership and private activity: the Act leaves the park’s title and the grantees’ rights intact while permitting public vehicular use of part of the park (s 2). It therefore narrows the legal protection that might otherwise prevent building a roadway across reserved land.\n\n- Compliance and implementation risk: because the Act does not specify maintenance, funding, or operational rules for the roadway (for example signage, hours, traffic management, or compensation), those matters must be handled outside the Act. The phrase that closure may occur “when… jointly be of the opinion” creates an administrative discretion that could require coordination between the two bodies to operate smoothly (s 3).\n\n- Market and competition effects: the Act is a land-use authorisation for public infrastructure; it does not directly regulate private businesses, prices or competition. Indirectly, improved vehicular access to the MCG and surrounding areas could affect commercial activity (parking, events), but any such effects depend on planning and commercial choices made under separate rules and contracts.\n\n**Key text references**\n- Construction not a breach: section 2.\n- Requirement to keep roadway open and closure power: section 3.\n\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no evidence that the scope of this Act changed from its original intent. It appears to have remained a narrow, single-purpose piece of legislation focused specifically on a road in Yarra Park, Melbourne, since its enactment in 1897."},"complexity_factors":["Extremely narrow and specific subject matter — a single road in a single park","Very limited legislative content is available for analysis, making full assessment difficult","Age of the Act (1897) means it may interact with now-repealed or replaced laws, adding minor historical complexity","No visible provisions, schedules, or amendments to parse"],"plain_english_summary":"A very narrow 1897 Victorian Act dealing with a road through or next to Yarra Park (around the MCG). It appears to authorise or regulate that single road’s creation, management and related land/use matters.\n\nIt historically affected local landholders, authorities and park users but today is likely of limited practical effect, possibly superseded by modern road and parks laws though it may technically remain on the books."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation remains exactly as enacted in 1897. It has never been amended and continues to serve its original narrow purpose: authorising a specific roadway through Yarra Park to the MCG while preserving the underlying land tenure. No scope creep has occurred."},"complexity_factors":["Only 3 operative sections totaling roughly 200 words","No defined terms section","No cross-references to other legislation (except implied reference to the Crown grant)","Simple conditional logic in section 3 (road open 'except when' both authorities agree to close)","Single purpose statute with no subordinate regulations or delegated powers","No amendments since 1897"],"plain_english_summary":"**What this law does:**\n\nThis 1897 Victorian law solves a very specific, practical problem. Yarra Park in Melbourne had been set aside as public parkland under a **Crown grant** (a formal government document giving land for a specific purpose). But people needed a road through the park to get to the Melbourne Cricket Ground (MCG). Building a road for vehicles would normally break the rules of the park's original grant, which required the land to stay as parkland.\n\n**What the law fixes:**\n\n* **Section 2** — Says building this road *doesn't* count as breaking the Crown grant. The Melbourne City Council and the Board of Land and Works keep full ownership and control of the park; the road doesn't change that.\n* **Section 3** — Says the road must stay open for vehicles *unless* both the Board of Land and Works *and* the City Council agree to close it.\n\n**Who it affects:**\n\n* Anyone driving to the MCG (this created the legal basis for the road you still use today)\n* The Melbourne City Council and the Victorian government (who manage the park)\n\n**Why it matters:**\n\nWithout this law, building a road through a public park would have been illegal. This is a classic example of 19th-century \"private Act\" legislation — solving one specific infrastructure problem with a short, targeted statute. The road this enabled still serves thousands of cricket and football fans heading to the 'G."}},"importantCases":[],"_links":{"self":"/api/acts/yarra-park-road-act-1897","history":"/api/acts/yarra-park-road-act-1897/history","analysis":"/api/acts/yarra-park-road-act-1897/analysis","conflicts":"/api/acts/yarra-park-road-act-1897/conflicts","importantCases":"/api/acts/yarra-park-road-act-1897/important-cases","documents":"/api/acts/yarra-park-road-act-1897/documents"}}