An Act to facilitate the redevelopment of the market site in Geelong, to repeal certain Acts and for other purposes.
Preamble
WHEREAS by Crown grant dated 16 June 1855 an area of land in the town of Geelong was granted to the town of Geelong (now the City of Geelong) as a site for a general market:
AND WHEREAS by the Geelong Market Site Act 1900 and the Geelong Market Site Act 1910 the council of the Town of Geelong was empowered to lease portions of the land for certain purposes other than market purposes:
AND WHEREAS by the Geelong Market Site Act 1955 it was provided that the council of the City of Geelong may grant leases of parts of the land for terms not exceeding 75 years, and that 20 per cent of the gross rentals under those leases shall be paid to the Board of Land and Works:
AND WHEREAS no part of the land is now used for market purposes:
AND WHEREAS the City of Geelong desires to redevelop the land, and certain adjoining land, either in its own right or in association with other persons, and for that purpose to borrow money:
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):
Section 1 - Geelong Market Site Act 1983 - Geelong Market Site Act 1983 | Zoe
1 Short title
This Act may be cited as the Geelong Market Site Act 1983.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Definitions
council means the council of the City of Geelong;
Crown grant means the Crown grant dated 16 June 1855, enrolled in the Office of the Registrar of the Supreme Court of the Colony of Victoria in the Register of Grants No. 1 pages 257 and 258 on the 22 August 1855;
S. 3 def. of financial accommo-dation inserted by No. 96/1987 s. 4.
financial accommodation has the same meaning as in the Borrowing and Investment Powers Act 1987;
S. 3 def. of financial arrange-ments inserted by No. 96/1987 s. 4.
financial arrangements has the same meaning as in the Borrowing and Investment Powers Act 1987;
market site means the land shown hatched in the plan in Schedule 1;
Treasurer means the Treasurer of Victoria.
4 Amendments to Crown grant etc.
(1) All restrictions under the Crown grant as to the purposes for which the market site may be used, and as to the purpose for which and manner in which the market site is held, are hereby revoked.
(2) For all purposes it shall be deemed that the market site is the land the subject of the Crown grant.
(3) The Registrar-General is authorized and directed to make all entries on the Crown grant which are necessary or appropriate as a result of this section.
(4) Subject to subsection (5), any easement, right of way or public way over, through or under the market site, whether or not acquired pursuant to the Crown grant, is extinguished.
(5) A lease of land forming part of the market site in force immediately before the commencement of this Act is not terminated, and the rights and obligations of the lessor and lessee under such a lease are not affected, by the provisions of this Act.
(6) No person or body of persons corporate or unincorporate is entitled to receive from the Crown or the City of Geelong any consideration or compensation arising from the operation of this section.
5 Street closure
(1) Notwithstanding any other Act, the Governor in Council on the recommendation of the Minister for Conservation, Forests and Lands, with the consent of the council, may by Order published in the Government Gazette close the whole or any portion of the part of Little Malop Street lying between Yarra Street and Moorabool Street in the City of Geelong.
(2) On publication of any Order under subsection (1) the land described in the Order shall cease to be part of a public road and all rights, privileges and easements existing for the public or any person on his own behalf or on behalf of any other person or persons in or in connection with the land as part of a public road shall cease and determine and the land shall—
(a) be deemed and taken for all purposes to be part of the market site; and
(b) be deemed and taken for all purposes to be included in the land the subject of the Crown grant.
(3) The Registrar-General is authorized and directed to make all entries on the Crown grant which are necessary or appropriate as a result of an Order under this section.
(4) No person or body of persons corporate or unincorporate is entitled to receive from the Crown or the City of Geelong any consideration or compensation arising from the operation of this section.
6 Redevelopment
(1) The council may, with the consent of the Treasurer and the Minister for Conservation, Forests and Lands, enter into a partnership, joint venture or other arrangement with any other person for the redevelopment or management of the market site, whether by the council, the other person or jointly by the council and the other person.
(2) The council or the other party to a partnership, joint venture or other arrangement under subsection (1), either severally or jointly pursuant to such a partnership, joint venture or other arrangement, may do anything necessary to redevelop and manage the market site, and in particular may—
(a) create on the market site any street, roadway or right of way;
(b) create on the market site any pedestrian mall, square or place of public recreation;
(c) demolish, construct or use any building on the market site;
(d) enter into agreements or arrangements for the development and management of the market site.
7 Leases etc.
(1) The Council may grant a lease or licence of any part of the market site, subject to such exceptions, reservations, covenants, restrictions and conditions as it determines, to any person for a term not exceeding 99 years.
(2) The council shall not grant a lease, or agree to grant a lease, of any part of the market site for a period exceeding 21 years without the consent of the Minister for Conservation, Forests and Lands.
8 Borrowings
S. 8(1) substituted by No. 96/1987 s. 5(a), amended by No. 9/2020 s. 390(Sch. 1 item 47.1).
(1) The Council, with the consent of the Treasurer and the Minister administering the Local Government Act 2020, and subject to any conditions which the Treasurer may impose, may—
(a) borrow money, obtain financial accommodation or enter into financial arrangements for the purpose of redeveloping and managing the market site; or
(b) vary any agreement that it has made under paragraph (a); or
(c) borrow money, obtain financial accommodation or enter into financial arrangements to repay any borrowing it has made under paragraph (a) or (b); or
(d) vary any agreement it has made under paragraph (c).
S. 8(2) amended by No. 12/1989 s. 4(1)(Sch. 2 item 51.1).
(2) The provisions of the Melbourne and Geelong Debentures and Inscribed Stock Act 1932 (as in force immediately before the commencement of Item 43 of Schedule 1 to the Local Government (Consequential Provisions) Act 1989) apply to borrowing under subsection (1) with the following modifications—
(a) any reference in section 3 of that Act to the approval of the Governor in Council shall be construed as a reference to the consent of the Minister for Local Government and the Treasurer;
(b) money borrowed shall firstly be charged and secured on the Geelong Market Site Account and on the income from the market site and secondly on the town fund and revenues of the City of Geelong;
S. 8(2)(c) substituted by No. 96/1987 s. 5(b).
(c) moneys borrowed, financial accommodation obtained and financial arrangements entered into by the council may not be raised, obtained or entered into by the council in the manner referred to in section 3(1)(c)(i), (ii) or (iv) of that Act;
S. 8(2)(d) inserted by No. 96/1987 s. 5(b).
(d) if the holder of a mortgage securing borrowings made, financial accommodation obtained or financial arrangements entered into under this Act applies for the appointment of a receiver under section 12 of that Act, the court may appoint a person as receiver to collect and receive the whole or a competent part of the money in the Geelong Market Site Account and the income and revenue of the market site and, if that money, income and revenue is insufficient, the income and revenue of the whole or a competent part of the town fund and revenue of the City of Geelong until the principal and interest together with the costs of the application and collection are fully paid;
S. 8(2)(e) inserted by No. 96/1987 s. 5(b), amended by No. 12/1989 s. 4(1)(Sch. 2 item 51.2).
(e) despite section 10(5) of this Act, if a receiver is appointed under paragraph (d), section 13A of the Melbourne and Geelong Debentures and Inscribed Stock Act 1932 (as in force immediately before the commencement of Item 43 of Schedule 1 to the Local Government (Consequential Provisions) Act 1989) does not apply to a drawing of money from an account of the city by that receiver.
S. 8(3) inserted by No. 96/1987 s. 5(c).
(3) For the purposes of the Melbourne and Geelong Debentures and Inscribed Stock Act 1932 a mortgage granted to secure money borrowed, financial accommodation obtained or financial arrangements entered into under this section is deemed to be a mortgage granted under and complying with that Act.
S. 8(4) inserted by No. 96/1987 s. 5(c).
(4) For the purposes of section 3B of the Melbourne and Geelong Debentures and Inscribed Stock Act 1932, a person who lends money or provides financial accommodation to or enters into financial arrangements with the council is deemed to be a mortgagee.
9 Payment to Consolidated Fund
The Council shall pay to the Consolidated Fund as soon as practicable after the end of each municipal financial year an amount equal to 20 per cent of the gross rent received by the council during the year from any lease or licence granted in respect of any part of the market site, after deduction of—
(a) payments by the council by way of commission to any agent for collecting that rent; and
(b) the cost of servicing loans, including interest, in respect of money borrowed under this Act.
10 Geelong Market Site Account
(1) The council shall establish and maintain an account to be called the Geelong Market Site Account.
(2) Into the Geelong Market Site Account shall be paid all money borrowed under this Act and all other money received by or paid to the council arising from the exercise of any power under this Act.
(3) There shall be paid from the Geelong Market Site Account the costs incurred by the council in the exercise of its powers under this Act.
S. 10(3A) inserted by No. 96/1987 s. 6(a).
(3A) The council must establish and maintain in the Geelong Market Site Account a reserve fund for so long as any moneys borrowed under this Act and any interest payable on those moneys is owing by the council.
S. 10(3B) inserted by No. 96/1987 s. 6(a).
(3B) The council must pay into the reserve fund any surplus of money standing to the credit of the Geelong Market Site Account at the end of the municipal financial year after the payments that are required to be made from the Account for that year under this Act have been made.
S. 10(3C) inserted by No. 96/1987 s. 6(a).
(3C) If, for any municipal financial year, there has been paid into the reserve fund under subsection (3B) an amount equal to or greater than $1 000 000, the council must retain in the fund—
(a) the sum of $1 000 000; or
(b) an amount that is not less than the sum of amounts the council is or may become liable to pay in the following municipal financial year as a result of or in connection with money borrowed, financial accommodation obtained or financial arrangements entered into by the council under this Act—
whichever is the greater.
S. 10(4) amended by Nos 10087 s. 3(1)(Sch. 1 item 99), 96/1987 s. 6(b).
(4) With the consent of the Minister for Local Government, any amount of money paid into the reserve fund for any municipal financial year under subsection (3B) which is greater than $1 000 000 and which is not required to be retained in that fund under subsection (3C) may be paid from the Account to the town fund.
S. 10(5) amended by No. 12/1989 s. 4(1)(Sch. 2 item 51.3).
(5) A payment out of the Geelong Market Site Account shall not be made except in the manner specified in section 13A of the Melbourne and Geelong Debentures and Inscribed Stock Act 1932 (as in force immediately before the commencement of Item 43 of Schedule 1 to the Local Government (Consequential Provisions) Act 1989).
(6) An amount shall not be paid under subsection (3) unless a responsible officer of the council has declared in writing that the amount is properly due and payable.
S. 10(7) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 51.4), 9/2020 s. 390(Sch. 1 item 47.2).
(7) The Geelong Market Site Account shall be kept separately from any other account, and shall be audited at least once in each municipal financial year in accordance with the Local Government Act 2020.
(8) A statement of transactions of the Geelong Market Site Account shall be shown separately in the annual statement of accounts of the council.
(9) The council shall comply with any requirements made by the Minister for Local Government as to the form and keeping of the Geelong Market Site Account.
11 Delegations
S. 11(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 51.5), 9/2020 s. 390(Sch. 1 item 47.3).
(1) Subject to and in accordance with this section and the Local Government Act 2020, the council may, by resolution, delegate to an officer or employee of the council or to a committee of which all, or a majority of, the members are councillors and of which the quorum is not less than three, any power, authority, duty or function of the council under this Act other than—
(a) this power of delegation;
S. 11(1)(b) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 51.6), 9/2020 s. 390(Sch. 1 item 47.3).
(b) a power or function relating to a matter that may not be delegated by a council under the Local Government Act 2020; or
(c) an application for the approval or consent of a Minister under this Act.
S. 11(2) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 51.7), 9/2020 s. 390(Sch. 1 item 47.4).
(2) Subject to section 11 of the Local Government Act 2020, a delegation may be made under subsection (1) to a committee of powers, authorities, duties and functions in relation to a contract for the execution of any work or the furnishing of any goods to an amount not exceeding $20 000 where the expenditure is included in the council's annual estimates in relation to the market site.
12 Other statutory requirements
Except where expressly provided in this Act, nothing in this Act exempts or absolves the council or any other person from complying with any requirements or obligations imposed by any other Act or any regulation under any other Act.
13 Repeals
The Acts mentioned in Schedule 2 are repealed.
Schedule 1—Land in the City of Geelong
Section 3.
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Schedule 2
Section 13.
Act No.
Short Title
1674
Geelong Market Site Act 1900
2263
Geelong Market Site Act 1910
5926
Geelong Market Site Act 1955
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 Market Site Act 1983 was assented to on 20 December 1983 and came into operation on 20 December 1983: section 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
This publication incorporates amendments made to the Geelong Market Site Act 1983 by Acts and subordinate instruments.