2 Construction of public footway etc., closing of Cramer-street etc. 2
3 Maintenance of public footway 4
4 Compensation for closing of Cramer-street 4
5 Authority and direction to Registrar-General and Registrar of Titles to make necessary entries 5
6 Certain rights of public authorities etc. not affected 5
Endnotes 6
1 General information 6
2 Table of Amendments 8
3 Amendments Not in Operation 9
4 Explanatory details 10
Version No.002
Brighton (Cramer-street) Land Act 1962
No. 6908 of 1962
Version as at
1 June 2019
An Act to provide for the Closing of a certain Street in the City of Brighton known as Cramer-street and for the Opening in lieu thereof of a Public Footway and for the Vesting in Brighton Grammar School of Part of the Land on which the said Street is formed and for other purposes.
Preamble
WHEREAS a certain street known as Cramer-street in the municipal district of the City of Brighton is set out partly on land which is vested in the Mayor Councillors and Citizens of the City of Brighton in fee simple being the land described in a conveyance dated the eleventh day of August One thousand eight hundred and seventy-nine a memorial of which is lodged in the office of the Registrar-General No. 636 book 356 and partly on land in which Brighton Grammar School a company incorporated under the provisions of the Companies Act 1961 is registered as the proprietor of an estate in fee simple being part of the land described in certificate of title entered in the Register Book of the Office of Titles volume 4207 folium 220:
AND WHEREAS the said Cramer-street connects streets in the said municipal district known as New-street and Outer-crescent respectively and adjoins on one side land of which Brighton Grammar School is the owner in fee simple and on the other side land owned by the Church of England Trusts Corporation for the Diocese of Melbourne:
AND WHEREAS the said Cramer-street is no longer required as a carriageway and it is expedient that it be closed and that a public footway be provided in lieu thereof:
AND WHEREAS Brighton Grammar School has agreed to make and maintain at its expense a public footway on the land on which Cramer-street is formed and it is expedient to provide that upon the making of the footway accordingly so much of the said land as is not already owned by Brighton Grammar School should be vested in Brighton Grammar School in fee simple and to make other provisions as hereinafter enacted:
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 Brighton (Cramer-street) Land Act 1962.
2 Construction of public footway etc., closing of Cramer-street etc.
(1) At its own expense Brighton Grammar School shall cause to be prepared by a licensed surveyor a plan of survey showing the position of the street known as Cramer-street in the municipal district of the City of Brighton and shall set out on the said Cramer-street a footway not less than six feet wide connecting the streets known as New-street and Outer-crescent in the said municipal district and to the satisfaction of the council of the said City pave such parts of the footway as are not already sufficiently paved.
(2) Notwithstanding anything in any Act or in any deed conveyance or trust upon the setting out of the footway and the completion of the paving thereof in accordance with subsection (1) of this section—
(a) the street known as Cramer-street in the municipal district of the City of Brighton shall be hereby closed and all rights easements or privileges existing or claimed over the said street or the land on which it is formed either in the public or by any person or body whosoever or whatsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine;
(b) the land on which the footway is set out and paved shall be dedicated to the public as a public footway; and
(c) so much of the land on which the said Cramer-street is formed as is not land of which Brighton Grammar School is registered as the proprietor of an estate in fee simple shall by virtue of this Act be vested in Brighton Grammar School in fee simple freed from the easements and privileges extinguished by this section but subject to the said public footway and to any other encumbrances then affecting it and shall by virtue of this Act be brought under the operation of the Transfer of Land Act 1958.
(3) Upon application in writing made by Brighton Grammar School the Registrar of Titles shall issue in respect of the land vested in it by virtue of this section a certificate of title in fee simple subject to the encumbrances referred to in paragraph (c) of the last preceding subsection in the name of Brighton Grammar School as registered proprietor.
(4) Brighton Grammar School shall make application for a certificate of title in respect of the said land as soon as practicable after the vesting thereof and shall lodge with the application a plan of survey prepared by a licensed surveyor showing the position of the said Cramer-street and of the whole of the said public footway and having endorsed thereon a certificate signed by the town clerk of the City of Brighton that the said public footway has been paved to the satisfaction of the council of the City of Brighton and that certificate shall be sufficient evidence for the Registrar of Titles that the public footway has been so paved.
3 Maintenance of public footway
Brighton Grammar School and its successors in title to the lands described in certificate of title entered in the Register Book of the Office of Titles volume 4207 folium 220 and in the certificate of title to issue pursuant to section two of this Act or any part or parts of those lands shall keep the footway made pursuant to section two of this Act in good repair to the satisfaction of the council of the City of Brighton.
4 Compensation for closing of Cramer-street
Over a period of ten years immediately following the commencement of this Act Brighton Grammar School shall pay to the council of the City of Brighton by way of compensation for the closing of the said Cramer-street and for moneys expended by the council in its construction and maintenance the sum of Seven thousand five hundred pounds together with interest at the rate of Six pounds per centum per annum on that sum or on the balance thereof remaining unpaid from time to time.
5 Authority and direction to Registrar-General and Registrar of Titles to make necessary entries
(1) The Registrar-General is hereby authorized and directed to make all such entries upon any memorial or any other document as may be necessary or expedient in consequence of this Act.
(2) The Registrar of Titles is hereby authorized and directed to make all such amendments to or entries upon the hereinbefore recited certificate of title and the duplicate thereof and any other certificate or duplicate certificate of title or other document as may be necessary or expedient in consequence of this Act and the holder of any such duplicate certificate of title or document shall produce the same to the Registrar of Titles for that purpose.
6 Certain rights of public authorities etc. not affected
Nothing in this Act shall affect any rights which any public or statutory authority has with respect to any existing underground drain or any existing pipes wires or cables laid or erected through or over the land on which the said Cramer-street is formed for the purpose of drainage or of conducting sewage water gas or electricity or transmitting communications by means of electricity or any supports of those wires or cables or apparatus now used in connexion therewith.
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 Brighton (Cramer-street) Land Act 1962 was assented to on 7 November 1962 and came into operation on 7 November 1962.
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
There are no amendments made to the Brighton (Cramer-street) Land Act 1962 by Acts and subordinate instruments.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.