Version incorporating amendments as at
1 January 2020
table of provisions
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Sebastopol land 3
3 Revocation of reservation 3
Part 3—North Bendigo land 4
4 Revocation of reservation 4
Part 5—Lilydale land 5
10 Revocation of reservation 5
11 Land deemed unalienated Crown land 5
12 Land management 5
Part 6—Dookie land 6
13 Road construction 6
14 Excision, road closure and re-reservation 6
Part 7—General 9
15 Repeal of provision relating to Albert Park Land 9
17 Repeal of Bendigo Aerodrome Act 1973 9
19 No compensation payable by Crown 9
20 Registrar of Titles and Registrar-General to make necessary amendments 9
Schedules 10
Schedule 1—Land in respect of which the permanent reservation is revoked 10
Schedule 2—Sebastopol land 11
Schedule 3—Albert Park land 12
Schedule 4—Lilydale land 13
Schedule 5—Dookie land 14
Endnotes 15
1 General information 15
2 Table of Amendments 17
3 Amendments Not in Operation 18
4 Explanatory details 19
Version No.002
Land (Further Miscellaneous Matters) Act 1990
No. 6 of 1990
Version incorporating amendments as at
1 January 2020
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to revoke the permanent reservation of land at Sebastopol so that the land may be proclaimed as a road; and
(b) to revoke the permanent reservation for railway purposes of land at North Bendigo; and
(c) to revoke the permanent reservation of land at Albert Park and to make other provision to facilitate the development of the land as a sporting complex; and
(d) to revoke the permanent reservation of land at Lilydale so that the boundaries of Lions Park Lilydale can be rationalised; and
Section 1 - Land (Further Miscellaneous Matters) Act 1990 - Land (Further Miscellaneous Matters) Act 1990 | Zoe
(e) to revoke the permanent reservation of land at Dookie to enable the construction of a road on part of that land and to reserve part of that land for the conservation of an area of natural interest; and
(f) to repeal and amend various Acts relating to Crown land.
2 Commencement
(1) Subject to this section, this Act comes into operation on the day on which it receives the Royal Assent.
(2) Part 4 comes into operation on a day or days to be proclaimed.
(3) Section 15 comes into operation on a day to be proclaimed, being a day after the day on which the Minister declares in writing that the Minister is satisfied that none of the provisions of Part 4 have been proclaimed to come into operation and that Melbourne's bid for the 1996 Olympic games is unsuccessful.
(4) Section 16 comes into operation on the day on which an Order under section 14(3) is published in the Government Gazette.
(5) Section 18 comes into operation on a day to be proclaimed.
Part 2—Sebastopol land
3 Revocation of reservation
(1) The Order in Council specified in item 1 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.
(2) Any Order in Council made under section 16 of the Crown Land (Reserves) Act 1978 vesting the land specified in item 1 of Schedule 1 in the Borough of Sebastopol is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.
(3) The land shown hatched on the plan in Schedule 2—
(a) is divested from the Borough of Sebastopol and ceases to be under its management and control; and
(b) vests in the Crown; and
(c) is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
(4) The appointment of the Borough of Sebastopol as Committee of Management of the land in item 1 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.
(5) The regulations made by the Board of Land and Works on 13 October 1931 and notified in the Government Gazette on 21 October 1931, as amended and in force for the time being, do not apply to the land shown hatched on the plan in Schedule 2.
Part 3—North Bendigo land
4 Revocation of reservation
(1) The Order in Council specified in item 2 of Schedule 1 is revoked.
(2) Despite subsection (1), the land specified in item 2 of Schedule 1 remains vested in the Public Transport Corporation.
(3) Subsection (1) does not affect the continuance of any leases existing over any part of the land specified in item 2 of Schedule 1.
(4) Despite any Act or law to the contrary, the land specified in item 2 of Schedule 1 is discharged from any trust, limitation, reservation, restriction or exception relating to the reservation specified in that item.
Pt 4 (Heading and ss 5–9) repealed by No. 6/1990 s. 15.
Part 5—Lilydale land
10 Revocation of reservation
The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 4.
11 Land deemed unalienated Crown land
Despite anything in any notice published under section 10 of the Land Conservation Act 1972, or in any other Act or law, the land shown hatched on the plan in Schedule 4 is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
12 Land management
(1) The appointment of any Committee of Management existing under the Crown Land (Reserves) Act 1978 for the land specified in item 4 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 4.
(2) The regulations made on 13 May 1982, published in the Government Gazette on 19 May 1982 and applying to the land specified in item 4 of Schedule 1, as amended and in force for the time being cease to apply to the land shown hatched on the plan in Schedule 4.
Part 6—Dookie land
S. 13 amended by No. 49/2019 s. 186(Sch. 4 item 24.1).
13 Road construction
Despite anything in the Crown Land (Reserves) Act 1978 or the Dookie Agricultural College Land Act 1972 or in any other Act or law, the Head, Transport for Victoria, its agents, servants and workers and any person authorised by it may enter and use the land specified in item 1 of Schedule 5 so far as is necessary for or in connection with the construction of a road to become part of the Midland Highway.
14 Excision, road closure and re-reservation
S. 14(1) amended by No. 49/2019 s. 186(Sch. 4 item 24.2).
(1) As soon as possible after completing road works on the land specified in item 1 of Schedule 5, the Head, Transport for Victoria within the meaning of the Transport Integration Act 2010 must publish in the Government Gazette notice of the completion of the works.
(2) At any time after—
(a) the registration under the Transfer of Land Act 1958 of a transfer and surrender to the Crown of the land shown as parcels numbered 12, 13 and 14 on a plan bearing the identifying reference LEGL/89–2 and lodged in the Central Plan Office; and
S. 14(2)(b) amended by No. 49/2019 s. 186(Sch. 4 item 24.3).
(b) the Head, Transport for Victoria has entered into an agreement under section 45(3) of the Transport Act 1983 in relation to the land specified in item 1 of Schedule 5; and
S. 14(2)(c) amended by No. 49/2019 s. 186(Sch. 4 item 24.4).
(c) the Head, Transport for Victoria has published in the Government Gazette a notice under subsection (1)—
the Minister may recommend to the Governor in Council that an Order be made under subsection (3).
(3) The Governor in Council on the Minister's recommendation under subsection (2) may, by Order published in the Government Gazette—
S. 14(3)(a) substituted by No. 52/1992 s. 11(13)(a).[1]
(a) declare that the land specified in item 2 of Schedule 5 is unalienated land of the Crown; and
(b) close the roads on the land specified in item 3 of Schedule 5; and
(c) permanently reserve under the Crown Land (Reserves) Act 1978 the land specified in item 4 of Schedule 5 as a site for the conservation of an area of natural interest.
(4) On the publication in the Government Gazette of an Order under subsection (3)—
S. 14(4)(a) amended by No. 52/1992 s. 11(13)(b).[2]
(a) any Crown grant of the land specified in item 2 of Schedule 5 is revoked to the extent that it applies to the land specified in that item and the land specified in that item is deemed to be unalienated land of the Crown and, subject to paragraph (b), is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
S. 14(4)(b) amended by No. 49/2019 s. 186(Sch. 4 item 24.5).
(b) any right which the Head, Transport for Victoria has to use the land specified in item 1 of Schedule 5 under section 45 of the Transport Act 1983 continues until the land becomes a highway under the Transport Act 1983; and
(c) the land specified in item 3 of Schedule 5 over which the roads closed by the Order ran ceases to be a road, and all rights, easements and privileges existing or claimed (either in the public, by any person, by dedication, supposed dedication, past user, operation of law or otherwise) in the land determine; and
(d) the land specified in item 3 of Schedule 5 is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(e) the land specified in item 4 of Schedule 5 is permanently reserved under the Crown Land (Reserves) Act 1978 in accordance with the Order.
Part 7—General
15 Repeal of provision relating to Albert Park Land
Part 4 is repealed.
S. 16
repealed by No. 11/1995 s. 3(2)(Sch. 2).
17 Repeal of Bendigo Aerodrome Act 1973
The Bendigo Aerodrome Act 1973 is repealed.
S. 18
repealed by No. 11/1995 s. 3(2)(Sch. 2).
19 No compensation payable by Crown
Except as provided in any agreement made under section 45 of the Transport Act 1983 in relation to the land specified in item 1 of Schedule 5 or as provided in Part 4, no compensation is payable by the Crown in respect of anything done under or arising out of this Act.
20 Registrar of Titles and Registrar-General to make necessary amendments
(1) The Registrar of Titles must make any amendments to the Register Book and to any Crown grant, duplicate Crown grant, certificate of title, duplicate certificate of title or other instrument or duplicate instrument that are necessary because of the operation of this Act.
(2) The Registrar-General must make any entries upon the records of enrolment of any Crown grant and upon any memorial relating to any land that are necessary because of the operation of this Act.
Schedules
Schedule 1—Land in respect of which the permanent reservation is revoked
Ss 3, 4, 5 and 10
Item
Situation and area of land
Instrument and date of reservation
Description of land by reference to Government Gazette
Purpose of reservation
Portion as to which reservation is revoked
1.
Township of Sebastopol, Parish of Ballarat, County of Grenville, 5·617 hectares
Order in Council 27 January 1965
16 December 1964, page 3768 and 3 February 1965, page 252.
Site for recreation, convenience and amusement of the people
See Schedule 2
2.
At Bendigo, Parish of Sandhurst, 4·912 hectares less excision authorised by Act No. 7470
Order in Council 7 March 1938
22 December 1937, page 4529 and 9 March 1938, page 901
Site for railway purposes
The entire Reserve
3.
City of South Melbourne and at St Kilda, Parish of Melbourne South, County of Bourke, 230·7 hectares, more or less, less excisions authorised by various Acts
Order in Council 21 March 1876
21 January 1876, page 96 and 24 March 1876, page 568
Site for a Public Park
See Schedule 3
4.
Township of Lilydale, Parish of Yering 6004 square metres
Order in Council 3 June 1980
11 June 1980, page 1911
Public Park and Picnic Ground
See Schedule 4
Schedule 2—Sebastopol land
S. 3
(PLAN OF LAND)
Image unavailable in extracted text
Schedule 3—Albert Park land
S. 5
(PLAN OF LAND)
Image unavailable in extracted text
Schedule 4—Lilydale land
S. 10
(PLAN OF LAND)
Image unavailable in extracted text
Schedule 5—Dookie land
Ss 13 and 14
Item
Identifying reference of plan lodged in Central Plan Office
Parcel number
1
LEGL/89–2 LEGL/89–3
1 and 23 3
2
LEGL/89–2 LEGL/89–3
1, 19, 20 and 23 3
3
LEGL/89–2
6 and 10
4
LEGL/89–2
6, 10, 12, 13, 14, 19, 20, 26, 29 and 30
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.
Minister's second reading speech—
Legislative Assembly: 26 October 1989
Legislative Council: 13 March 1990
The long title for the Bill for this Act was "A Bill to revoke the permanent reservations of certain lands, to repeal the Dookie Agricultural College Land Act 1972 and the Bendigo Aerodrome Act 1973, to amend the Albert Park Land Act 1972 and for other purposes.".
The Land (Further Miscellaneous Matters) Act 1990 was assented to on 3 April 1990 and came into operation as follows:
All of Act (except sections 5–9, 15, 16, 18) on 3 April 1990: section 2(1); section 15 on 30 September 1992: Government Gazette 30 September 1992 page 2866.
Part 4 (sections 5–9) was never proclaimed, repealed by section 15 of No. 6/1990.
Sections 16 and 18 were never proclaimed, repealed by section 3(2)(Sch. 2) of No. 11/1995.
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 Land (Further Miscellaneous Matters) Act 1990 by Acts and subordinate instruments.
S. 14(3)(a): The definition of appointedday in section 3 of the Melbourne University (VCAH) Act 1992, No. 52/1992 (repealed) read as follows:
"appointed day—
(a) for the purposes of section 11(4) (insofar as it relates to the land in clause 1 of Part 1 of the Schedule) and section 11(8)(a), means a day appointed by the Governor in Council by notice published in the Government Gazette;
(b) for the purposes of section 11(4) (insofar as it relates to the land in clauses 2 to 5, 7 and 8 of Part 1 of the Schedule) and section 11(8)(b), means a day appointed by the Governor in Council by notice published in the Government Gazette;
(c) for the purposes of all other provisions of this Act, means 1 July 1992;". ↑