Victorian Legislation and Parliamentary Documentsi
Version No. 001
Hotham Heights Land Act 1953
Act No. 5727/1953
Version as at 14 February 2000
TABLE OF PROVISIONS
Section Page
Short title 2
Definitions 2
Grant of land in Schedule to Company 2
Effect of revocation of grant 3
No liability to attach to Crown 4
SCHEDULE 5
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ENDNOTES 6
General Information 6
Table of Amendments 7
Explanatory Details 8
Victorian Legislation and Parliamentary Documents1
Version No. 001
Hotham Heights Land Act 1953
Act No. 5727/1953
Version as at 14 February 2000
An Act relating to the Grant of certain Land at Mount Hotham
to a certain Company.
Preamble
WHEREAS on public tenders being called by the
Victorian Railways Commissioners the Ski Club of
Victoria Limited, a company incorporated under
the Companies Act 1938 and limited by guarantee
the registered office of which is at 330 Little
Collins-street, Melbourne, purchased from the said
Commissioners the buildings and improvements at
Mount Hotham known as the Hotham Heights
Chalet together with certain plant and equipment
for the sum of Eight thousand and ten pounds,
which sum has been duly paid to the said
Commissioners:
AND WHEREAS the land described in the
Schedule to this Act is land of the Crown and
includes the land on which the said chalet stands
and is land which it is proposed should be granted
as hereinafter provided:
AND WHEREAS a proprietary company called
S.C.V. (Hotham) Proprietary Limited the
registered office of which is at 330 Little Collins-
street, Melbourne, has been incorporated under the
Companies Act 1938 and the hereinbefore recited
Ski Club of Victoria Limited holds all the share
capital in the said S.C.V. (Hotham) Proprietary
Limited:
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Hotham Heights Land Act 1953
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AND WHEREAS at the request of the
hereinbefore recited Ski Club of Victoria Limited
it is expedient to provide for the grant as
hereinafter enacted of the land described in the
Schedule to this Act to the hereinbefore recited
S.C.V. (Hotham) Proprietary Limited without
prejudice to due consideration being given by the
Governor in Council to applications by other
bodies for similar grants of land in the Hotham
area:
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 Hotham Heights
Land Act 1953.
Definitions
In this Act unless inconsistent with the context or
subject-matter—
"Board" means Board of Land and Works;
"Company" means the hereinbefore recited
S.C.V. (Hotham) Proprietary Limited and
includes any assigns of such company;
"premises" means the land described in the
Schedule to this Act together with the chalet
and any buildings improvements plant and
equipment thereon.
Grant of land in Schedule to Company
On payment by the Company of the unimproved
value of the land described in the Schedule to this
Act as fixed by an appraiser appointed by the
Board, and of the survey Crown grant and
s. 1
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assurance fees payable in respect of the
registration and grant of such land, the Governor
in Council may grant to the Company the land
described in the Schedule to this Act subject to
covenants and conditions to the following effect—
(a) that the premises shall be used for the
purpose of a chalet and appurtenances for the
accommodation of guests or for any other
associated purpose approved in writing by
the Board but for no other purpose;
(b) that the Crown grant shall be revocable at
any time by the Governor in Council on
receiving a certificate by the Board—
(i) that in the opinion of the Board the
premises have been used for a purpose
that is not authorized by or under this
Act or for any improper purpose; or
(ii) that the Board has received satisfactory
proof that for a period of not less than
two years during the preceding three
years the premises had not been
effectively used for purposes prescribed
by or under this Act;
(c) such other covenants conditions reservations
exceptions and provisions as the Governor in
Council thinks fit.
4. Effect of revocation of grant
If the grant is at any time so revoked—
(a) the Board shall publish notice of the
revocation in the Government Gazette;
(b) the Company within a period specified in
that behalf by the Board in such notice may
on such terms and conditions as the Board
directs remove from the land any buildings
or other structures thereon;
s. 4
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(c) as from the date of the publication of the
notice of revocation in the Government
Gazette the land described in the Schedule to
this Act shall be deemed to be unalienated
land of the Crown freed and discharged from
all trusts encumbrances restrictions and
reservations whatsoever;
(d) the Registrar of Titles shall make all such
cancellations of or entries upon any Crown
grant or other document and upon the
duplicate of any Crown grant or other
document as may be necessary or expedient
by reason of such cancellation and any
person having possession of any such Crown
grant or document or any duplicate thereof
shall produce it to the Registrar of Titles for
that purpose.
5. No liability to attach to Crown
No person or body of persons whosoever or
whatsoever shall be entitled to receive or shall
receive from the Crown any money or
compensation or consideration whatsoever in
respect of or in any manner whatsoever arising out
of any act matter or thing under this Act.
s. 5
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SCHEDULE
Two acres, one rood, twenty-one perches, more or less, Parish of Yertoo,
County of Dargo:
Commencing at a point bearing S. 40° 44' W. two chains ninety-four and
five-tenths links from the south-western angle of allotment 2, Parish of
Hotham, County of Bogong; bounded thence by lines bearing S. 81° 49' E.
eighty-seven and seven-tenths links, S. 23° 10' E. three chains twenty-three
and four-tenths links, S. 1° 3' E. two chains eighty-six and two-tenths links,
N. 82° 22' W. three chains seventy-seven and one-tenth links, N. 24° 45' W.
one chain twenty-two and eight-tenths links, N. 21° 13' W. three chains sixty-
five links, N. 68° 59' E. two chains sixty-two and four-tenths links and
N. 89° 43' E. ninety-three and one-tenth links to the point of commencement.
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Preamble,
sections 2–4.
Sch.
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ENDNOTES
General Information
The Hotham Heights Land Act 1953 was assented to on 1 December 1953
and came into operation on 1 December 1953.
Endnotes
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2. Table of Amendments
There are no amendments made to the Hotham Heights Land Act 1953 by
Acts and subordinate instruments.
Endnotes
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Hotham Heights Land Act 1953
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3. Explanatory Details
No entries at date of publication.
Endnotes