Version incorporating amendments as at
7 September 2022
table of provisions
Section Page
1 Short title 2
2 Committee of management may grant certain leases 2
Schedule 4
Endnotes 5
1 General information 5
2 Table of Amendments 7
3 Explanatory details 8
Version No.002
Albert Park Land Act 1972
No. 8295 of 1972
Version incorporating amendments as at
7 September 2022
An Act to authorize the Committee of Management appointed to manage certain Land called Albert Park and situate in the Municipal Districts of the Cities of South Melbourne and St. Kilda to grant Leases of certain Portions of that Land for the Purposes of Sport or Recreation or Social Activities or Purposes connected therewith.
Preamble
WHEREAS by Order in Council dated the 21st day of March, 1876 certain land known as Albert Park was reserved from sale permanently as a site for a public park:
AND WHEREAS the said reserved land is situate in the municipal districts of the cities of South Melbourne and St. Kilda:
AND WHEREAS the said reserved land is managed by a committee of management appointed pursuant to section 221 of the Land Act 1958:
AND WHEREAS it is expedient to authorize the said committee of management to grant leases in respect of those portions of the reserved land delineated and shown hatched in Plan A and Plan B in the Schedule:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title
This Act may be cited as the Albert Park Land Act 1972.
2 Committee of management may grant certain leases
S. 2(1) amended by No. 41/2022 s. 25.
(1) Notwithstanding anything to the contrary in any Act the committee of management of the land reserved by the said Order in Council dated the 21st day of March, 1876 may from time to time grant leases of the whole or any part of the land delineated and shown hatched in Plan B in the Schedule for the purposes of sport or recreation or social activities or purposes connected therewith (including the erection of buildings).
(2) A lease under this section shall be granted—
(a) subject to approval by the Governor in Council;
(b) subject to such covenants, conditions, exceptions and reservations as the committee of management thinks fit; and
(c) for a term not exceeding 21 years.
(3) The moneys received by way of rent in respect of any lease granted under this section shall be applied by the committee of management—
(a) towards the maintenance and improvement of the whole or any part of the land reserved by the said Order in Council dated the 21st day of March, 1876 other than land leased by virtue of this section;
(b) for any other purpose approved by the Minister.
(4) No compensation shall be payable by the Crown in respect of any act, matter or thing done under or arising out of this section.
Sch. amended by No. 41/2022 s. 26.
Schedule
Land in respect of which the committee of management of the land reserved by Order in Council dated the 21st day of March, 1876 as a site for a public park may grant leases for the purposes of sport or recreation or social activities or purposes connected therewith (including the erection of buildings).
Plan B. At St. Kilda, Parish of Melbourne South.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Albert Park Land Act 1972 was assented to on 3 October 1972 and came into operation on 3 October 1972.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Albert Park Land Act 1972 by Acts and subordinate instruments.