Victorian Legislation and Parliamentary Documentsi
Version No. 001
Eastern Freeway Lands Act 1971
Act No. 8204/1971
Version as at 1 November 1999
TABLE OF PROVISIONS
Section Page
Short title 3
Definitions 3
Authority to enter certain lands 4
Minister may recommend lands be made available for highway
or river 4
Power to Governor in Council to revoke in part certain Orders
in Council and Crown grant 5
Notice of completion of works 6
Authority to Board to enter upon and to acquire certain lands 7
SCHEDULE 9
═══════════════
ENDNOTES 10
General Information 10
Table of Amendments 11
Explanatory Details 12
Victorian Legislation and Parliamentary Documents1
Version No. 001
Eastern Freeway Lands Act 1971
Act No. 8204/1971
Version as at 1 November 1999
An Act relating to certain Lands in the Cities of Northcote, Kew
and Camberwell.
Preamble
WHEREAS certain Crown land, designated Yarra
Bend Park, in the parishes of Boroondara and Jika
Jika by Order in Council dated 26th March, 19351
was permanently reserved as a site for a public
park and recreation and by Crown grant dated the
same day and entered in the register book of the
Office of Titles volume 6443 folium 407 was
granted to trustees on trust for that purpose:
AND WHEREAS by Order in Council dated 13th
March, 19562 certain Crown land in the parish of
Jika Jika was temporarily reserved as a site for
penal purposes:
AND WHEREAS by Order in Council dated 16th
August, 19603 certain Crown land in the parish of
Boroondara was temporarily reserved as a site for a
guide dog centre:
AND WHEREAS the lands referred to in the
Schedule are recreational lands within the meaning
of the Cultural and Recreational Lands Act
1963 and it is necessary to provide expressly for
the compulsory acquisition of such lands:
AND WHEREAS the Melbourne and Metropolitan
Board of Works proposes to construct a
metropolitan main highway to be known as the
Eastern Freeway between Alexandra-parade in the
City of Collingwood and Thompsons-road in the
City of Camberwell and in connexion with the
Victorian Legislation and Parliamentary DocumentsAct No. 8204/1971
Eastern Freeway Lands Act 1971
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proposed construction to divert parts of the Yarra
River:
AND WHEREAS pursuant to the Eastern
Railway Construction Act 1971 the Railway
Construction Board proposes to construct a railway
a part of which will be constructed in association
with the highway:
AND WHEREAS it is expedient—
(a) to authorize the Melbourne and Metropolitan
Board of Works to enter upon and use
portions of the said reserved Crown lands
and of the land referred to in the Schedule
for the purpose of constructing the highway
and diverting the river; and
(b) to authorize the Railway Construction Board
to enter upon and use portions of the said
reserved Crown lands and of the land
referred to in the Schedule for the purpose of
constructing the railway:
AND WHEREAS it is expedient—
(a) to make provision for the revocation of the
said Orders in Council and Crown grant so
far as they respectively relate to the portions
of the reserved Crown lands required for the
highway the railway and the diversion of the
river; and
(b) to authorize the acquisition of so much of
the lands referred to in the Schedule as are
required for the highway the railway and the
diversion of the river:
AND WHEREAS pursuant to section 271 of the
Melbourne and Metropolitan Board of Works
Act 1958 the bed soil and banks of the Yarra River
are vested in the Melbourne and Metropolitan
Board of Works and it is expedient to provide that
after the diversion as aforesaid the new course of
the river shall be vested in, and the former course
of the river divested from, the said Board of
Works:
Preamble
Victorian Legislation and Parliamentary DocumentsAct No. 8204/1971
Eastern Freeway Lands Act 1971
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AND WHEREAS in relation to the land to be so
divested from the Board of Works it is expedient to
provide that the said Order in Council and Crown
grant dated 26th March, 1935 shall be deemed to
relate to so much of that land not required for the
highway as is situated in Yarra Bend Park and that
the balance of the land shall be deemed to be
unalienated land of the Crown:
AND WHEREAS part of the common boundary
between the cities of Kew and Northcote lies along
the centre of those parts of the Yarra River which
are to be diverted as aforesaid and it is expedient to
provide that when the diversion has been
completed the common boundary shall be along
the centre of the new course of the river:
AND WHEREAS it is expedient to make other
provision as hereinafter provided:
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):
Short title
This Act may be cited as the Eastern Freeway
Lands Act 1971.
Definitions
In this Act—
"Board of Works" means the Melbourne and
Metropolitan Board of Works;
"highway" means the metropolitan main
highway, to be known as the Eastern
Freeway, to be constructed by the Board of
Works between Alexandra-parade in the City
of Collingwood and Thompsons-road in the
City of Camberwell;
s. 1
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Eastern Freeway Lands Act 1971
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"railway" means so much of the railway to be
constructed by the Railway Construction
Board pursuant to the Eastern Railway
Construction Act 1971 as is to be
constructed in association with the highway.
3. Authority to enter certain lands
Notwithstanding anything in the Land Act 1958
or in the abovementioned Orders in Council
respectively dated 26th March, 1935, 13th March,
1956 and 16th August, 1960 or Crown grant dated
26th March, 1935 it shall be lawful—
(a) for the Board of Works its servants agents
and workmen and all persons authorized by
it so far as is necessary for or in connexion
with the construction of the highway or the
diversion of the Yarra River; and
(b) the Railway Construction Board its servants
agents and workmen and all persons
authorized by it so far as is necessary for or
in connexion with the construction of the
railway—
to enter into and upon and to use any portions of
the lands reserved by the said Orders in Council or
contained in the said Crown grant.
4. Minister may recommend lands be made available
for highway or river
On submission to the Minister of a plan or plans
of survey signed by the Surveyor-General
showing the portions of the lands reserved by the
said Orders in Council or contained in the said
Crown grant on which the highway has been
constructed or the Yarra River diverted or on
which the railway has been or is to be constructed
the Minister may recommend to the Governor in
Council that the said lands, not exceeding in the
case of Yarra Bend Park 36 acres, the guide dog
s. 3
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centre reserve 3 roods and the penal purposes
reserve 10 perches, be made available for those
purposes.
5. Power to Governor in Council to revoke in part
certain Orders in Council and Crown grant
(1) The Governor in Council may on receiving any
such recommendation by proclamation published
in the Government Gazette revoke and make null
and void so far as they relate to any land referred
to in the recommendation and defined in the
proclamation—
(a) the Order in Council dated 26th March, 1935
permanently reserving certain land in the
parishes of Boroondara and Jika Jika as a site
for a public park and recreation and the
Crown grant dated the same day and entered
in the register book of the Office of Titles
volume 6443 folium 407;
(b) the Order in Council dated 13th March, 1956
temporarily reserving certain land in the
parish of Jika Jika as a site for penal
purposes; and
(c) the Order in Council dated 16th August,
1960 temporarily reserving certain land in
the parish of Boroondara as a site for a guide
dog centre.
(2) On the day on which a proclamation as aforesaid
is published in the Government Gazette—
(a) in addition to any revocation of the Orders in
Council specified in sub-section (1), every
other Order in Council or proclamation so far
as it reserves or affects or purports to reserve
or affect the land defined in the proclamation
shall also be revoked; and
s. 5
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(b) notwithstanding anything in any Act the land
so defined shall be and be deemed to be
unalienated land of the Crown freed and
discharged from all trusts, encumbrances,
reservations, limitations and restrictions
whatsoever and from every estate or interest
therein.
6. Notice of completion of works
(1) On completion of the works in connexion with the
diversion of the Yarra River the Board of Works
shall cause notice of such completion to be
published in the Government Gazette.
(2) Upon publication of the notice—
(a) the former river course shall be divested
from the Board of Works and the bed soil
and banks of the new course of the river shall
be deemed to be vested in the Board of
Works pursuant to section 271 of the
Melbourne and Metropolitan Board of
Works Act 1958;
(b) the Order in Council dated 26th March, 1935
permanently reserving certain land as a site
for a public park and recreation and the
Crown grant dated the same day whereby the
said land was granted to trustees on trust for
that purpose and all regulations made in
respect of that land shall be deemed and
taken for all purposes to relate also to so
much of the former river course not required
for the highway as is situated in Yarra Bend
Park;
(c) the balance of the former river course shall
be deemed to be unalienated land of the
Crown freed and discharged from all trusts
encumbrances reservations limitations and
s. 6
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restrictions whatsoever and from every estate
or interest therein; and
(d) so much of the common boundary between
the cities of Kew and Northcote as before the
diversion lay along the centre of the former
river course shall lie along the centre of the
new course of the river.
(3) In this section "former river course" means the
bed soil and banks that as the result of the
diversion of the Yarra River under this Act cease
to be part of the course of the river.
7. Authority to Board to enter upon and to acquire
certain lands
(1) In accordance with an agreement between the
Board of Works or the Railway Construction
Board and the registered proprietors of the
respective lands referred to in the Schedule or, in
respect of any of those lands in relation to which
agreement as aforesaid is not reached, with the
authority of and in accordance with any directions
given by the Minister for Local Government—
(a) the Board of Works its servants agents and
workmen and all persons authorized by it so
far as it is necessary for and in connexion
with the construction of the highway or the
diversion of the Yarra River; and
(b) the Railway Construction Board its servants
agents and workmen and all persons
authorized by it so far as it is necessary for
and in connexion with the construction of the
railway—
may enter into and upon and use any portion of
the lands referred to in the Schedule.
s. 7
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(2) The Board of Works shall on completion of the
highway and the diversion of the Yarra River
acquire by agreement or compulsorily in
accordance with the provisions of the Melbourne
and Metropolitan Board of Works Act 1958,
other than section 232, so much of the several
lands referred to in the Schedule as is required for
the highway the railway and the diversion of the
river, but in no case shall the Board of Works
acquire from any of those lands more than the
maximum areas respectively specified in the
Schedule in relation thereto.
(3) For the purposes of determining compensation in
respect of any acquisition of land under sub-
section (2) notice to treat for the purposes of the
Valuation of Land Act 1960 shall be deemed to
have been given on the date on which entry under
sub-section (1) was made into and upon the land
concerned.
(4) The Board of Works may, on such terms and
conditions as are agreed upon with the Railway
Construction Board, transfer to the Railway
Construction Board so much of the land acquired
by it under sub-section (2) as is required for the
purposes of the railway.
General Information
The Eastern Freeway Lands Act 1971 was assented to on 7 December 1971
and came into operation on 7 December 1971.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 8204/1971
Eastern Freeway Lands Act 1971
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2. Table of Amendments
There are no amendments made to the Eastern Freeway Lands Act 1971 by
Acts and subordinate instruments.
Endnotes
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Eastern Freeway Lands Act 1971
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3. Explanatory Details
1 Preamble: Government Gazette 3 April 1935 page 1096.
2 Preamble: Government Gazette 14 March 1956 page 1372.
3 Preamble: Government Gazette 24 August 1960 page 2871.
Endnotes