Victorian Legislation and Parliamentary Documentsi
Version No. 001
Footscray Land Act 1988
Act No. 79/1988
Version incorporating amendments as at 2 March 2001
TABLE OF PROVISIONS
Section Page
Purposes 1
Commencement 2
Definition 2
Revocation of reservation 2
Closure of roads 2
Permanent reservation for public gardens 3
Temporary reservation for public recreation and tourism 3
Vesting in Crown of land vested in Port of Melbourne
Authority 3
Management of Crown land by municipality 4
Municipality may grant leases 4
Exchange of land by Crown and Public Transport Corporation 5
Public Transport Corporation may continue to use certain land 7
Vesting of Port of Melbourne Authority land in MMBW 7
Registration of "Henderson House" under Historic Buildings
Act 1981 8
Grant of Crown land to municipality 9
Power to enter Crown land 9
No compensation payable by Crown 9
Registrar of Titles to make necessary amendments 10
Amendment of Melbourne and Metropolitan Board of
Works Act 1958 10
Amendment of Port Melbourne Authority Act 1958 11
SCHEDULES 12
SCHEDULE 1—Land in respect of which the reservation is revoked 12
SCHEDULE 2—Land divested from the Port of Melbourne Authority 13
SCHEDULE 3—Maribyrnong branch railway line 14
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Victorian Legislation and Parliamentary DocumentsSection Page
ii
ENDNOTES 15
General Information 15
Table of Amendments 16
Explanatory Details 17
Victorian Legislation and Parliamentary Documents1
Version No. 001
Footscray Land Act 1988
Act No. 79/1988
Version incorporating amendments as at 2 March 2001
Preamble
The Parliament of Victoria recognises that it is
desirable to facilitate the development of land at
Footscray, a project to be undertaken by the
Municipality of the City of Footscray, whether as a
joint project or otherwise, by providing for—
(a) the closure of roads;
(b) the revocation of the Grimes Reserve at
Footscray;
(c) the reservation of certain Crown land;
(d) the management and leasing of certain Crown
land;
(e) the relocation of a railway line;
(f) the transfer of the management of certain
parts of the Maribyrnong River:
The Parliament of Victoria therefore enacts as follows:
Purposes
The following are the purposes of this Act—
(a) to facilitate the development of land at
Footscray;
(b) to amend the Melbourne and Metropolitan
Board of Works Act 1958 and the Port of
Melbourne Authority Act 1958.
Victorian Legislation and Parliamentary DocumentsAct No. 79/1988
Footscray Land Act 1988
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2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) Sections 13, 19 and 20 come into operation on
1 July 1989.
3. Definition
In this Act "project plan" means a plan lodged in
the Central Plan Office of the Department of
Property and Services bearing the identifying
reference LEGL/88–2.
4. Revocation of reservation
The Order in Council specified in Schedule 1 is
revoked and the land to which it applied is
deemed to be unalienated land of the Crown, freed
and discharged from all trusts, limitations,
reservations, restrictions, encumbrances, estates
and interests.
5. Closure of roads
(1) The Governor in Council may by an Order or
Orders published in the Government Gazette close
any of the following roads or parts of roads on the
land shown on the project plan as parcels
numbered 2, 4, 7, 9, 13, 14, 15, 21 and 27—
(a) the parts of Bunbury Street on land in those
parcels;
(b) the parts of Wingfield Street on the land in
those parcels;
(c) the parts of Maribyrnong Street on the land
in those parcels;
(d) the parts of Thames Street on the land in
those parcels.
s. 2
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(2) On the publication in the Government Gazette of
an Order under this section—
(a) the land over which the closed road ran
ceases to be a road; and
(b) all rights, easements and privileges existing
or claimed (either in the public, by any
persons, by dedication, supposed dedication,
past user, operation of law or otherwise) in
the land determine; and
(c) the land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests.
6. Permanent reservation for public gardens
The land shown on the project plan as parcels
numbered 6, 7, 8, 9 and 12 is deemed to be
permanently reserved under the Crown Land
(Reserves) Act 1978 as a site for public gardens.
7. Temporary reservation for public recreation and
tourism1
The land shown on the project plan as parcels
numbered 5, 14, 15, 18, 20, 21, 24, 26 and 27
(excluding the land shown hatched and shaded on
the plan in Schedule 3) is deemed to be
temporarily reserved under the Crown Land
(Reserves) Act 1978 for public recreation and
tourism.
8. Vesting in Crown of land vested in Port of
Melbourne Authority
(1) The land shown hatched on the plan in Schedule 2
to the extent that an interest in it or management
or control of it is vested in the Port of Melbourne
Authority, is divested from that Authority and
vests in the Crown.
s. 6
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(2) On the vesting of land in the Crown under sub-
section (1)—
(a) the land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests and from
all contracts, licences, obligations, rates and
charges; and
(b) the Port of Melbourne Authority ceases to
have any responsibility or liability in respect
of the land; and
(c) the land is deemed to be temporarily
reserved under the Crown Land (Reserves)
Act 1978 for public recreation and tourism.
9. Management of Crown land by municipality
(1) On the reservation of land under section 6, 7, 8 or
11 the municipality of the City of Footscray is
deemed to be appointed under the Crown Land
(Reserves) Act 1978 as committee of
management for the land.
(2) In exercising its management and leasing powers
under the Crown Land (Reserves) Act 1978 and
this Act in respect of the area for the time being
temporarily reserved under sections 7, 8 and 11 of
this Act, the municipality of the City of Footscray
must ensure that the proportion of that area to
which access by the public is restricted is not
more than 20 per centum.
10. Municipality may grant leases
(1) With the approval of the Minister administering
the Crown Land (Reserves) Act 1978, the
municipality of the City of Footscray as
committee of management may grant a lease of
any land temporarily reserved under section 7, 8
or 11 for any of the following purposes—
s. 9
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(a) restaurants;
(b) ships chandlery;
(c) boat harbours;
(d) recreational facilities;
(e) any other purposes permitted by the
Governor in Council by Order published in
the Government Gazette.
(2) Subject to this section, the Crown Land
(Reserves) Act 1978 applies to leases under this
section.
11. Exchange of land by Crown and Public Transport
Corporation
(1) The Minister administering the Crown Land
(Reserves) Act 1978, on receiving a plan of
survey signed by the Surveyor-General of the
hatched land and the cross-hatched land, may
recommend to the Governor in Council that—
(a) the hatched land be vested in the Crown; and
(b) the cross-hatched land be vested in the
Public Transport Corporation.
(2) The Governor in Council, on the Minister's
recommendation under sub-section (1), may, by
Order published in the Government Gazette,
declare that the lands to which the plan of survey
applies vest in accordance with that
recommendation.
(3) An Order under sub-section (2) must include a
copy of the plan of survey of the land to which it
applies.
s. 11
S. 11(1)(b)
amended by
No. 44/1989
s. 41(Sch. 2
item 17).
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Footscray Land Act 1988
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(4) On the publication in the Government Gazette of
an Order under sub-section (2)—
(a) the cross-hatched land vests in fee simple in
the Public Transport Corporation for the
purposes of the Transport Act 1983, subject
to any terms, conditions, covenants,
reservations, exceptions, limitations or
restrictions that the Governor in Council
determines by notice published in the
Government Gazette; and
(b) the hatched land—
(i) is divested from the Public Transport
Corporation and vests in the Crown;
and
(ii) is deemed to be unalienated land of the
Crown freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(iii) is deemed to be temporarily reserved
under the Crown Land (Reserves) Act
1978 for public recreation and tourism.
(5) On the vesting of land in the Crown under sub-
section (4)(b), all responsibilities and liabilities of
the Public Transport Corporation in respect of the
land cease.
(6) In this section—
"cross-hatched land" means the land shown
cross-hatched on the plan in Schedule 3 or
that land as nearly as practicable or, if the
Minister administering the Crown Land
(Reserves) Act 1978 and the Minister
administering the Transport Act 1983 agree
S. 11(4)(a)
amended by
No. 44/1989
s. 41(Sch. 2
item 17).
S. 11(4)(b)(i)
amended by
No. 44/1989
s. 41(Sch. 2
item 17).
s. 11
S. 11(5)
amended by
No. 44/1989
s. 41(Sch. 2
item 17).
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to a variation of the boundaries of that land,
such land as is so agreed;
"hatched land" means the land shown hatched
on the plan in Schedule 3 or that land as
nearly as practicable.
12. Public Transport Corporation may continue to use
certain land
The Public Transport Corporation has the right to
use, for the purposes of the existing Maribyrnong
branch railway line and its associated works—
(a) land vested in the Crown by section 8 and
not leased under section 10, although that
use may be inconsistent with any reservation
of the land under the Crown Land
(Reserves) Act 1978; and
(b) land used for the railway and its works
immediately before the date of
commencement of this section, while that
land remains vested in the Port of Melbourne
Authority.
13. Vesting of Port of Melbourne Authority land in
MMBW
(1) The land shown cross-hatched on the plan in
Schedule 2—
(a) to the extent to which any interest in it or the
management and control of it is vested in the
Port of Melbourne Authority, is divested
from the Authority; and
(b) is freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests and from
any contracts, licences, obligations, rates and
charges; and
S. 12
amended by
No. 44/1989
s. 41(Sch. 2
item 17).
s. 12
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(c) is vested in the Melbourne and Metropolitan
Board of Works upon trust for the purposes
of Part X of the Melbourne and
Metropolitan Board of Works Act 1958.
(2) All responsibilities and liabilities of the Port of
Melbourne Authority in respect of the land
divested from it by sub-section (1) cease.
14. Registration of "Henderson House" under Historic
Buildings Act 1981
(1) On the registration under the Transfer of Land
Act 1958 of a transfer and surrender to the Crown
of the land shown on the project plan as parcel
numbered 17—
(a) any part of the land and any building on the
land included in the register of historic
buildings kept under section 14 of the
Historic Buildings Act 1981 are deemed to
be removed from that register; and
(b) any part of the land and any building on the
land so removed from that register are
deemed to be added to the register of
government buildings kept under section
32A of that Act.
(2) The Minister administering the Historic
Buildings Act 1981 must give effect to sub-
section (1) of this section in the registers kept
under that Act.
(3) Section 16 of the Historic Buildings Act 1981
applies to an amendment of the register of historic
buildings made by sub-section (1).
s. 14
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15. Grant of Crown land to municipality
(1) On or after the registration under the Transfer of
Land Act 1958 of a transfer and surrender to the
Crown of the land shown on the project plan as
parcels numbered 12, 17, 18, 20, 30 and 31 the
Minister may recommend to the Governor in
Council that a grant should be made of the land
shown on the project plan as parcels numbered 1,
2, 3, 4, 10, 13, 23 and 25.
(2) The Governor in Council, on the Minister's
recommendation in accordance with sub-
section (1), may on behalf of the Crown grant the
land to which the recommendation applies to the
municipality of the City of Footscray for an estate
in fee simple and subject to any terms, conditions,
covenants, exceptions, reservations, restrictions
and limitations that the Governor in Council
determines.
16. Power to enter Crown land
The municipality of the City of Footscray and any
persons authorised by it may, if the Minister so
approves, enter on and use any of the Crown land
shown on the project plan as parcels numbered 1,
2, 3, 4, 10, 13, 23 and 25, for or in connection
with the construction of buildings or
improvements or the carrying out of development
works, even though it is reserved under the
Crown Land (Reserves) Act 1978 or it is a road.
17. No compensation payable by Crown
No compensation is payable by the Crown in
respect of anything done under or arising out of
this Act.
s. 15
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18. Registrar of Titles to make necessary amendments
(1) The Registrar of Titles must make any recordings
in the Register under the Transfer of Land Act
1958 that are necessary because of the operation
of this Act.
(2) If at the date of commencement of this section,
section 6 of the Transfer of Land (Computer
Register) Act 1988 is not in operation, then until
that section comes into operation sub-section (1)
of this section has effect as if it read as follows:
"(1) The Registrar of Titles must make any
amendments to the Register Book and to any
Crown grant, certificate of title, duplicate
Crown grant, duplicate certificate of title or
other instrument or duplicate instrument that
are necessary because of the operation of this
Act.".
19. Amendment of Melbourne and Metropolitan Board
of Works Act 1958
The Melbourne and Metropolitan Board of
Works Act 1958 is amended as follows—
(a) in section 294 (definition of "Maribyrnong
River") for "south side of the Hopetoun
Bridge on Dynon Road" substitute
"downstream side of Shepherd Bridge";
(b) for item (3) in the Twelfth Schedule
substitute—
"(3) The Maribyrnong River from the
downstream side of Shepherd Bridge
towards its source.".
s. 18
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20. Amendment of Port Melbourne Authority Act 1958
At the end of Part II of the Second Schedule to the
Port of Melbourne Authority Act 1958 insert
"Eighthly, the land shown cross-hatched on the
plan in Schedule 2 to the Footscray Land Act
1988.".
s. 20
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SCHEDULES
SCHEDULE 1
LAND IN RESPECT OF WHICH THE RESERVATION IS REVOKED
Situation and
area of land
Instrument
and date of
reservation
Description of
land by reference
to Govt. Gazette
Purpose of
reservation
Extent of
revocation
City of Footscray
Parish of Cut-
paw-paw,
5893 sq. metres
Order in Council
dated 11 February
1964
Govt. Gazette
8 Jan. 1964 page 32
and 19 February 1964
page 397
Site for
public
gardens
The entire
reserve
Section 4.
Sch. 1
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SCHEDULE 2
LAND DIVESTED FROM THE PORT OF MELBOURNE
AUTHORITY
Sections 8
and 13.
Sch. 2
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SCHEDULE 3
MARIBYRNONG BRANCH RAILWAY LINE
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Section 11.
Sch. 3
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ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 24 November 1988
Legislative Council: 9 December 1988
The long title for the Bill for this Act was "A Bill to facilitate the
development of land at Footscray, to revoke the permanent reservation of
certain Crown land, to amend the Melbourne and Metropolitan Board of
Works Act 1958 and the Port of Melbourne Authority Act 1958 and for
other purposes.".
The Footscray Land Act 1988 was assented to on 20 December 1988 and
came into operation as follows:
Sections 13, 19, 20 on 1 July 1989: s. 2(2); sections 1–5, 9–12, 14–18 on
25 January 1989; section 8 on 1 July 1989: Government Gazette 25 January
1989 page 147; section 6 on 28 February 1990: Government Gazette
28 February 1990 page 586; section 7 not yet proclaimed.
Endnotes
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Footscray Land Act 1988
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2. Table of Amendments
This Version incorporates amendments made to the Footscray Land Act
1988 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transport (Amendment) Act 1989, No. 44/1989
Assent Date: 6.6.89
Commencement Date: S. 41(Sch. 2 item 17) on 1.7.89: s. 2(1)
Current State: This information relates only to the provision/s
amended by the Footscray Land Act 1988
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Endnotes
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Footscray Land Act 1988
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3. Explanatory Details
1 S. 7: Section 7 of this Act is not yet proclaimed.
Endnotes