2 Certain lands deemed to have been part of certain Crown grants 2
3 Registrar of Titles to make necessary amendments 5
4 No compensation payable 5
Schedules 6
Schedule One 6
Schedule Two 7
Schedule Three 8
Schedule Four 9
Schedule Five 10
Schedule Six 11
Schedule Seven 12
Schedule Eight 16
Schedule Nine 17
Endnotes 18
1 General information 18
2 Table of Amendments 20
3 Amendments Not in Operation 21
4 Explanatory details 22
Version No.002
Chelsea Lands Act 1981
No. 9645 of 1981
Version as at
1 June 2019
An Act to make provision with respect to certain Crown Grants of Lands in the Parish of Lyndhurst and for other purposes.
Preamble
WHEREAS certain lands of the Crown (hereinafter called the "alienated lands") in the Parish of Lyndhurst were granted in fee simple in the years of 1865 and 1866:
AND WHEREAS the alienated lands were described in the relevant Crown grants as being bounded on the east or north-east (as the case may be) by a road (now known as Nepean Highway) and on the west or south-west (as the case may be) by a reserve 100 feet wide on the east side of Port Phillip Bay (hereinafter called the "foreshore reserve"):
AND WHEREAS it appears that the position of the foreshore reserve was determined by reference to the high water mark of Port Phillip Bay at the time of the relevant Crown grants:
AND WHEREAS by Order in Council dated 12 November 1872, the foreshore reserve was permanently reserved for public purposes:
AND WHEREAS the alienated lands have been subdivided and re-subdivided into smaller allotments:
AND WHEREAS it appears from the dimensions shown in the certificates of title to certain allotments created by subdivision or re-subdivision of the alienated lands that the certificates of title and the plans of subdivision on which they were based were prepared on the view that the location of the foreshore reserve was required to be determined by reference to the high water mark of Port Phillip Bay at the time of any relevant subdivision or re‑subdivision:
AND WHEREAS the high water mark of Port Phillip Bay has generally been receding along the material portion of its shore:
AND WHEREAS in reliance upon the dimensions shown in certificates of title of the alienated lands portions of the foreshore reserve are occupied by the registered proprietors of adjoining lands:
AND WHEREAS it is expedient to provide that the alienated lands shall be deemed always to have included the lands occupied in reliance upon dimensions shown in certificates of title issued in respect of portions thereof:
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 and commencement
(1) This Act may be cited as the Chelsea Lands Act 1981.
(2) This Act shall come into operation on the day on which it receives the Royal Assent.
2 Certain lands deemed to have been part of certain Crown grants
Notwithstanding any Act or law or any reservation or any plan or description in any Crown grant referred to herein—
(a) the land delineated on the plan in Schedule One shall be deemed to have been the land comprising Crown allotment 1 (which subject to any inclusions or excisions is now known as Crown allotment 1A), Parish of Lyndhurst, granted by Crown grant entered in the Register Book Volume 1275 Folio 254866;
(b) the land delineated on the plan in Schedule Two shall be deemed to have been the land comprising Crown allotment 2 (which subject to any inclusions or excisions is now known as Crown allotment 2A), Parish of Lyndhurst, granted by Crown grant entered in the Register Book Volume 179 Folio 35602;
(c) the land delineated on the plan in Schedule Three shall be deemed to have been the land comprising Crown allotment 3 (which subject to any inclusions or excisions is now known as Crown allotment 3A), Parish of Lyndhurst, granted by Crown grant entered in the Register Book Volume 311 Folio 62069;
(d) the land delineated on the plan in Schedule Four shall be deemed to have been the land comprising Crown allotment 4 (which subject to any inclusions or excisions is now known as Crown allotment 4A), Parish of Lyndhurst, granted by Crown grant entered in the Register Book Volume 607 Folio 121230;
(e) the land delineated on the plan in Schedule Five shall be deemed to have been the land comprising Crown allotment 5 (which subject to any inclusions or excisions is now known as Crown allotment 5A), Parish of Lyndhurst, granted by Crown grant entered in the Register Book Volume 165 Folio 32868;
(f) the land delineated on the plan in Schedule Six shall be deemed to have been the land comprising Crown allotment 6 (which subject to any inclusions or excisions is now known as Crown allotment 6A), Parish of Lyndhurst, granted by Crown grant entered in the Register Book Volume 173 Folio 34577;
(g) the land delineated on the plans in parts 1 to 4 of Schedule Seven shall be deemed to have been the land respectively comprising Crown allotments 7, 8, 9 and 10 (which subject to any inclusions or excisions are now respectively known as Crown allotments 7A, 8A, 9A and 10A), Parish of Lyndhurst, granted by Crown grant entered in the Register Book Volume 177 Folio 35398;
(h) the land delineated on the plan in Schedule Eight shall be deemed to have been the land comprising Crown allotment 11 (which subject to any inclusions or excisions is now known as Crown allotment 11A), Parish of Lyndhurst, granted by Crown grant entered in the Register Book Volume 255 Folio 50985; and
(i) the land delineated on the plan in Schedule Nine shall be deemed to have been the land comprising Crown allotment 12 (which subject to any inclusions or excisions is now known as Crown allotment 12A), Parish of Lyndhurst, granted by Crown grant entered in the Register Book Volume 196 Folio 39049.
3 Registrar of Titles to make necessary amendments
The Registrar of Titles is hereby authorized to make any entry or amendment on or to any Crown grant or Certificate of Title or any instrument or duplicate or plan of subdivision that is necessary or expedient by virtue of the provisions of section 2.
4 No compensation payable
No compensation shall be payable by the Crown in respect of any act matter or thing done under or arising out of this Act.
Schedules
Schedule One
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Schedule Two
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Schedule Three
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Schedule Four
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Schedule Five
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Schedule Six
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Schedule Seven
Part 1
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Part 2
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Part 3
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Part 4
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Schedule Eight
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Schedule Nine
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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 Chelsea Lands Act 1981 was assented to on 15 December 1981 and came into operation on 15 December 1981: section 1(2).
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 Chelsea Lands Act 1981 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.