Victorian Legislation and Parliamentary Documentsi
Version No. 001
City of Kew (Thornton-street) Act 1933
Act No. 4187/1933
Version as at 8 October 1999
TABLE OF PROVISIONS
Section Page
Short title construction and citation 2
Powers of council of city of Kew as described in Second and
Third Schedules 3
No right of access etc. over land described in Third Schedule 3
SCHEDULES 4
SCHEDULE 1—Land comprising Thornton-street dedicated as a public
highway under Act No. 2686 s. 537 4
SCHEDULE 2—Portion of the land described in the First Schedule laid
out as a tree reserve 5
SCHEDULE 3—Portion of the land described in the Second Schedule 6
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ENDNOTES 7
General Information 7
Table of Amendments 8
Explanatory Details 9
Victorian Legislation and Parliamentary Documents1
Version No. 001
City of Kew (Thornton-street) Act 1933
Act No. 4187/1933
Version as at 8 October 1999
An Act relating to a Tree Reserve in a certain Street in the City
of Kew.
Preamble
WHEREAS the land described in the First
Schedule to this Act comprises a certain street fifty
feet wide known as Thornton-street the formation
of which was completed on the twenty-ninth day of
April One thousand nine hundred and nineteen and
which was dedicated to the public as a public
highway under the provisions of section five
hundred and thirty-seven of the Local
Government Act 1915:
AND WHEREAS the land described in the Second
Schedule to this Act, being land seventeen feet
three inches wide comprising the eastern part of
the hereinbefore recited street, is a portion of the
land described in the said First Schedule and was
laid out by the council of the city of Kew
(hereinafter referred to as the "said council") as a
tree reserve (hereinafter referred to as the "said
reserve"):
AND WHEREAS the land described in the Third
Schedule to this Act is land ten feet wide
comprising the eastern portion of the land
described in the said Second Schedule:
AND WHEREAS the portion of the hereinbefore
recited street (including the footpath)1 remaining
available for traffic is reduced by the said reserve
to less than forty-six feet and the said reserve is of
a greater length than ten chains and doubts have
arisen as to whether the said council was
Victorian Legislation and Parliamentary DocumentsAct No. 4187/1933
City of Kew (Thornton-street) Act 1933
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empowered to make the said reserve and as to
whether the owners or occupiers of the lands
abutting on the eastern side of the said reserve or
the public or any person or body of persons
whosoever or whatsoever have or has any right of
access to ingress into or egress from the lands
abutting as aforesaid from to over or across the
said reserve:
AND WHEREAS it is expedient to provide that
the said council should be deemed to have been
empowered to make the said reserve and that the
land described in the said Second Schedule should
be deemed a tree reserve under section five
hundred and fifty-three of the Local Government
Act 1928 and the corresponding previous
enactments and that the said reserve should be
reduced in width so as to comprise only the land
described in the said Third Schedule and that no
right of access to ingress into or egress from the
lands abutting as aforesaid from to over or across
the land described in the said Third Schedule
should be deemed to exist or to have existed in the
owners or occupiers of the lands abutting as
aforesaid or in the public or in any person or body
of persons whomsoever or whatsoever:
BE IT THEREFORE ENACTED by the King'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):
Section 1 - City of Kew (Thornton-street) Act 1933 - City of Kew (Thornton-street) Act 1933 | Zoe
Short title construction and citation
This Act may be cited as the City of Kew
(Thornton-street) Act 1933 and shall be read and
construed as one with the Local Government Act
1928 (hereinafter called the Principal Act) and any
Act amending the same all of which Acts and this
Act may be cited together as the Local
Government Acts.
s. 1
Victorian Legislation and Parliamentary DocumentsAct No. 4187/1933
City of Kew (Thornton-street) Act 1933
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2. Powers of council of city of Kew as described in
Second and Third Schedules
(1) Notwithstanding anything in section five hundred
and fifty-three of the Principal Act or any
corresponding previous enactment, the said
council shall for all purposes be deemed to have
been empowered to make the hereinbefore recited
tree reserve upon the land described in the Second
Schedule to this Act and the said land shall,
subject to the provisions of the next succeeding
sub-section, be and be deemed to have been a tree
reserve under the provisions of the said section
and shall be deemed to have been a tree reserve
under the provisions of any corresponding
previous enactment aforesaid.
(2) By virtue of and without any other authority or
instrument than this Act the said reserve shall be
reduced in width so as to comprise only the land
described in the Third Schedule to this Act.
3. No right of access etc. over land described in Third
Schedule
Notwithstanding anything in any Act or
instrument or any law to the contrary, no right of
access to ingress into or egress from the lands
abutting on the eastern side of the hereinbefore
recited tree reserve from to over or across the land
described in the Third Schedule to this Act shall
exist or be deemed to have existed in the owners
or occupiers of the lands so abutting or in the
public or in any person or body of persons
whomsoever or whatsoever.
s. 2
Victorian Legislation and Parliamentary DocumentsAct No. 4187/1933
City of Kew (Thornton-street) Act 1933
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SCHEDULES
FIRST SCHEDULE
LAND COMPRISING THORNTON-STREET DEDICATED AS A
PUBLIC HIGHWAY UNDER ACT NO. 2686 S. 537
One acre twenty-three and one-tenth perches, parish of Boroondara, county
of Bourke, city of Kew, being part of Crown portion 76:
Commencing at a point on the south side of Studley Park-road a distance of
one hundred and sixty-six feet eleven inches from the west side of Howard-
street; thence by a line bearing S. 0° 12' W. a distance of five hundred and six
feet five inches; thence S. 0° 1' E. a distance of four hundred and ninety feet
nine inches to the north side of Stevenson-street; thence S. 89° 55' W. along
the north side of Stevenson-street a distance of fifty feet; thence N. 0° 1' W.
a distance of four hundred and ninety feet eleven inches; thence N. 0° 12' E.
a distance of five hundred and six feet one inch to the south side of Studley
Park-road; thence N. 89° 44' E. along the south side of Studley Park-road a
distance of fifty feet to the point of commencement.
Preamble.
Sch. 1
Victorian Legislation and Parliamentary DocumentsAct No. 4187/1933
City of Kew (Thornton-street) Act 1933
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SECOND SCHEDULE
PORTION OF THE LAND DESCRIBED IN THE FIRST SCHEDULE
LAID OUT AS A TREE RESERVE
One rood twenty-three and two-tenth perches, parish of Boroondara, county
of Bourke, city of Kew, being part of Crown portion 76:
Commencing at a point on the south side of Studley Park-road a distance of
one hundred and sixty-six feet eleven inches from the west side of Howard-
street; thence by a line bearing S. 0° 12' W. a distance of five hundred and six
feet five inches; thence S. 0° 1' E. a distance of four hundred and ninety feet
nine inches to the north side of Stevenson-street; thence S. 89° 55' W. along
the north side of Stevenson-street a distance of seventeen feet three inches;
thence N. 0° 1' W. a distance of four hundred and ninety feet ten inches;
thence N. 0° 12' E. a distance of five hundred and six feet three and one-half
inches to the south side of Studley Park-road; thence N. 89° 44' E. along the
south side of Studley Park-road a distance of seventeen feet three inches to
the point of commencement.
Preamble,
section 2.
Sch. 2
Victorian Legislation and Parliamentary DocumentsAct No. 4187/1933
City of Kew (Thornton-street) Act 1933
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THIRD SCHEDULE
PORTION OF THE LAND DESCRIBED IN THE SECOND
SCHEDULE
Thirty-six and six-tenths perches, parish of Boroondara, county of Bourke,
city of Kew, being part of Crown portion 76:
Commencing at a point on the south side of Studley Park-road a distance of
one hundred and sixty-six feet eleven inches from the west side of Howard-
street; thence by a line bearing S. 0° 12' W. a distance of five hundred and six
feet five inches; thence S. 0° 1' E. a distance of four hundred and ninety feet
nine inches to the north side of Stevenson-street; thence S. 89° 55' W. along
the north side of Stevenson-street a distance of ten feet; thence N. 0° 1' W.
a distance of four hundred and ninety feet nine and a half inches; thence
N. 0° 12' E. a distance of five hundred and six feet four inches to the south
side of Studley Park-road; thence N. 89° 44' E. along the south side of
Studley Park-road a distance of ten feet to the point of commencement.
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Preamble,
sections 2, 3.
Sch. 3
Victorian Legislation and Parliamentary DocumentsAct No. 4187/1933
City of Kew (Thornton-street) Act 1933
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ENDNOTES
General Information
The City of Kew (Thornton-street) Act 1933 was assented to on
29 December 1933 and came into operation on 29 December 1933.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 4187/1933
City of Kew (Thornton-street) Act 1933
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2. Table of Amendments
There are no amendments made to the City of Kew (Thornton-street) Act
1933 by Acts and subordinate instruments.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 4187/1933
City of Kew (Thornton-street) Act 1933
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3. Explanatory Details
1 Preamble: See No. 3720 s. 553.
Endnotes