Version incorporating amendments as at
15 February 2017
table of provisions
Section Page
1 Short title 1
2 Re-adjustment of boundaries of Kardinia Park reserves 2
3 Leasing and licensing power over land described in Second Schedule 3
Schedules 5
First Schedule—Land to be permanently reserved as a site for a public park 5
Second Schedule—Land to be permanently reserved as a site for public recreation 6
Endnotes 7
1 General information 7
2 Table of Amendments 9
3 Amendments Not in Operation 10
4 Explanatory details 11
Version No.004
Geelong (Kardinia Park) Land Act 1950
No. 5510 of 1950
Version incorporating amendments as at
15 February 2017
An Act to adjust the Common Boundaries of Two Reserves in the City of Geelong
Preamble
WHEREAS by an Order in Council of the seventeenth day of April One thousand nine hundred and twenty-four[1] land referred to in the Second Schedule to the Geelong (Kardinia Park) Land Act 1920 was permanently reserved as a site for a public park, and by another Order in Council of the same day land referred to in the Third Schedule to the said Act was permanently reserved for public recreation:
AND WHEREAS it is expedient to adjust the boundaries of the said reserves and for that purpose to revoke the hereinbefore recited Orders in Council and to reserve the said lands for similar purposes with boundaries so adjusted:
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):
1 Short title
This Act may be cited as the Geelong (Kardinia Park) Land Act 1950.
S. 2 amended by No. 7/2016 s. 45(1)
(ILA s. 39B(1)).
2 Re-adjustment of boundaries of Kardinia Park reserves
(1) With effect from a date (hereinafter referred to as the appointed day) to be fixed by Order of the Governor in Council published in the Government Gazette, by virtue of this Act—
Section 1 - Geelong (Kardinia Park) Land Act 1950 - Geelong (Kardinia Park) Land Act 1950 | Zoe
(a) the hereinbefore recited Orders in Council of the seventeenth day of April One thousand nine hundred and twenty-four shall be revoked;
(b) the land described in the First Schedule to this Act (being part of the hereinbefore recited lands) shall be permanently reserved as a site for a public park in all respects as if it had been so reserved under the Land Acts;
(c) the land described in the Second Schedule to this Act (being the remainder of the hereinbefore recited lands) shall be permanently reserved as a site for public recreation in all respects as if it had been so reserved under the Land Acts;
S. 2(1)(d) amended by No. 8972 s. 2.
(d) the corporation of the city of Geelong shall be a committee of management of the lands described in the First Schedule to this Act and of the lands described in the Second Schedule to this Act and shall have the like rights privileges powers and duties with respect to the lands described in the said First Schedule and the said Second Schedule respectively as immediately before the appointed day the council of the City of Geelong had with respect to the corresponding reserves adjusted by this Act, and subject to the Land Acts shall be committee of management of each such reserve accordingly; and
(e) the regulations of the Board of Land and Works under the Land Acts with respect to each of the hereinbefore recited reserves in force immediately before the appointed day shall be and be deemed to be regulations made by the Board of Land and Works in accordance with the provisions of the Land Acts with respect to the lands respectively comprised in the corresponding reserves as adjusted by this Act and, subject to due amendment variation recision or revocation, shall continue in force accordingly.
S. 2(2) inserted by No. 7/2016 s. 45(1).
(2) This section is subject to Part 4 of the Kardinia Park Stadium Act 2016.
S. 2(3) inserted by No. 7/2016 s. 45(1).
(3) The land referred to in subsection (1) does not include any Kardinia Park Trust Land within the meaning of the Kardinia Park Stadium Act 2016.
S. 3 (Heading) inserted by No. 81/2009 s. 30(1).
S. 3
inserted by No. 7257 s. 2.
3 Leasing and licensing power over land described in Second Schedule
S. 3(1) amended by Nos 8972 s. 3(1), 81/2009 s. 30(2), 7/2016 s. 45(2).
(1) Notwithstanding anything in any Act the corporation of the City of Geelong as committee of management of the land described in the Second Schedule to this Act, other than any Kardinia Park Trust Land within the meaning of the Kardinia Park Stadium Act 2016, may from time to time grant leases or licences of that land or any part thereof for the purposes of sport or recreation or social activities or purposes connected therewith.
S. 3(2) amended by No. 81/2009 s. 30(3).
(2) A lease or licence under this section—
(a) shall be subject to such conditions covenants exceptions and reservations as the said council thinks fit;
S. 3(2)(b) amended by No. 8972 s. 3(2).
(b) shall be for a term not exceeding forty years; and
(c) shall if the term exceeds three years be subject to approval by the Governor in Council.
S. 3(3) amended by Nos 8972 s. 3(3), 81/2009 s. 30(3).
(3) The moneys received by way of rent under a lease or licence granted under this section may be applied by the said corporation towards the maintenance and improvement of the said land.
(4) No person or body of persons whosoever or whatsoever shall be entitled to receive or shall receive from the Crown any money or consideration by way of compensation in respect of any improvement whatsoever or of any act matter or thing under this section.
Schedules
First Schedule—Land to be permanently reserved as a site for a public park
Forty-four acres, three roods, two perches, more or less, City of Geelong, Parish of Corio, County of Grant:
Commencing at the intersection of the western side of Moorarbool-street and the south-western boundary of the South Western Railway-reserve; bounded thence by Moorarbool-street bearing S. 11º 0' W. three chains thirty-four and five-tenths links; by lines bearing N. 71º 12' W. five chains thirty-five links, S. 48º 28' W. seven chains fifty-eight and nine-tenths links, S. 11º 49' W. two chains fifty and four-tenths links, S. 24º 12' E. eight chains twenty-one and three-tenths links, and S. 84º 8' E. five chains twenty-four links; by Moorarbool-street aforesaid bearing S. 11º 0' W. three chains forty-nine and three-tenths links; by Park-crescent bearing south-westerly three chains thirty and three-tenths links in an arc of a circle with centre lying two chains ten links north-westerly, N. 78º 53' W. nine chains sixty-six links, south-westerly four chains twenty-three and one-tenth links in an arc of a circle with centre lying five chains south-easterly, and north-westerly two chains eighty-four and four-tenths links in an arc of a circle with centre lying one chain thirty links north-easterly; by La Trobe-terrace bearing N. 0º 25' W. twenty-eight chains sixty-four links and north-easterly two chains twenty-one links in an arc of a circle with centre lying two chains thirty links south-easterly; by Kilgour-street bearing S. 79º 3' E. eight chains thirty-seven links; and thence by the South Western Railway-reserve aforesaid bearing south-easterly three chains thirty links in an arc of a circle with centre lying twenty-one chains north-easterly, and S. 57º 2' E. twelve chains forty-four links to the point of commencement.
Second Schedule—Land to be permanently reserved as a site for public recreation
Eleven acres, three roods, sixteen perches, more or less, City of Geelong, Parish of Corio, County of Grant:
Commencing on the western side of Moorarbool-street at a point bearing S. 11º 0' W. three chains thirty-four and five-tenths links from the intersection of the western side of that street and the southern boundary of the South Western Railway-reserve; bounded thence by Moorarbool-street bearing S. 11º 0' W. fourteen chains four and four-tenths links; and thence by lines bearing N. 84º 8' W. five chains twenty-four links, N. 24º 12' W. eight chains twenty-one and three-tenths links, N. 11º 49' E. two chains fifty and four-tenths links, N. 48º 28' E. seven chains fifty-eight and nine-tenths links, and S. 71º 12' E. five chains thirty-five links to the point of commencement.
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 Geelong (Kardinia Park) Land Act 1950 was assented to on 11 December 1950 and came into operation on 1 May 1951: Government Gazette 18 April 1951 page 2767.
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
This publication incorporates amendments made to the Geelong (Kardinia Park) Land Act 1950 by Acts and subordinate instruments.