i
Version No. 002
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
Version as at 21 October 2005
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
Purposes 1
Commencement 1
PART 2—ANGLICARE VICTORIA LAND 2
Revocation of reservations and Crown grant—Anglicare
Victoria land 2
Consequences of revoking reservations 2
Preservation of lease between Anglicare and Bayside Health 2
PART 3—BERRY STREET CHILD AND FAMILY CARE
CENTRE LAND 5
Revocation of reservation and Crown grant—Berry Street
Child and Family Care Centre land 5
Consequences of revoking reservations 5
Re-reservation of part of Berry Street Child and Family Care
Centre land 5
PART 4—AMENDMENT OF BALLARAT (SOVEREIGN HILL)
LAND ACT 1970 6
Definition 6
New section 5CA inserted 6
5CA. Additional land for museum site land 6
Section Page
ii
13. Schedule 1 inserted 8
SCHEDULES 9
SCHEDULE 1—Additional Museum Site Land—
Township of Ballarat East, Parish of
Ballarat, County of Grant (Sovereign Hill) 9
PART 5—GENERAL 10
14. Registrar of Titles to make necessary amendments 10
SCHEDULES 11
SCHEDULE 1—Land in Respect of Which Reservations are Revoked 11
SCHEDULE 2—Plan of Part of Berry Street Land 13
═══════════════
ENDNOTES 14
General Information 14
Table of Amendments 15
Explanatory Details 16
1
Version No. 002
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
Version as at 21 October 2005
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
Purposes
The main purposes of this Act are—
(a) to revoke the reservations relating to various
parcels of land and the Crown grants in
relation to certain of those parcels and to
re-reserve part of one of those parcels of
land; and
(b) to amend the Ballarat (Sovereign Hill)
Land Act 1970 to provide for additional
land to be included in the reserved land to
which that Act applies.
Commencement
(1) This Act, except Part 2, comes into operation on
the day after the day on which it receives the
Royal Assent.
(2) Subject to sub-section (3), Part 2 comes into
operation on a day to be proclaimed.
(3) If Part 2 does not come into operation before
31 December 2006, it comes into operation on that
day.
Part 2—Anglicare Victoria Land
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
2
PART 2—ANGLICARE VICTORIA LAND
3. Revocation of reservations and Crown grant—
Anglicare Victoria land
(1) The Order in Council specified in item 1 of
Schedule 1 is revoked.
(2) Crown grant Volume 1502 Folio 372 is revoked.
(3) The land specified in item 1 of Schedule 1 ceases
to be subject to the reservation imposed by virtue
of section 2 of the East Melbourne Land Act
1970 as in force immediately before its repeal.
4. Consequences of revoking reservations
Subject to section 5, on the revocation of a
reservation of land under this Part—
(a) that land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
5. Preservation of lease between Anglicare and Bayside
Health
(1) Nothing done by this Part affects the status or
continuity of the relevant lease.
s. 3
Part 2—Anglicare Victoria Land
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
3
(2) On and from the commencement of this Part the
relevant lease has effect—
(a) as a lease between the Minister and the
lessee for the time being under the lease, as
if it had been assigned to the Minister; and
(b) as if the lease referred to the Minister instead
of to the lessor (however described).
(3) The issue of a Crown grant of any land affected
by the relevant lease existing immediately before
that issue does not affect the status or continuity
of that lease, and the lease has effect on and from
that issue—
(a) as a lease between the person to whom the
Crown grant is made and the lessee for the
time being under the lease, as if it had been
assigned to the person to whom the Crown
grant is made; and
(b) as if the lease referred to the person to whom
the Crown grant is made instead of to the
lessor (however described).
(4) This section has effect despite anything to the
contrary in any Act or law or in a Crown grant of
the land.
(5) Nothing effected by this section—
(a) is to be regarded as placing any person in a
breach of or as constituting a default under
any provision prohibiting, restricting or
regulating the assignment of the relevant
lease; or
(b) is to be regarded as fulfilling any condition
which allows a person to exercise a right or
remedy in respect of, or to terminate, any
agreement or obligation; or
(c) releases any surety or other obligor wholly or
in part from any obligation.
s. 5
Part 2—Anglicare Victoria Land
Land (Miscellaneous Matters) Act 2005
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4
(6) In this section, "relevant lease" means the
lease between Anglicare Victoria
(ABN 97 397 067 466) and Bayside Health
(ABN 27 318 956 319) which commenced on
20 October 2004 relating to part of the land
specified in item 1 of Schedule 1.
s. 5
Part 3—Berry Street Child and Family Care Centre Land
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
5
PART 3—BERRY STREET CHILD AND FAMILY CARE
CENTRE LAND
6. Revocation of reservation and Crown grant—Berry
Street Child and Family Care Centre land
(1) The Order in Council specified in item 2 of
Schedule 1 is revoked.
(2) Crown grant Volume 1351 Folio 183 is revoked.
7. Consequences of revoking reservations
Subject to section 8, on the revocation of a
reservation of land under this Part—
(a) that land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
8. Re-reservation of part of Berry Street Child and
Family Care Centre land
On the revocation of the reservation referred to in
section 6, the part of that land shown hatched on
the plan in Schedule 2 is deemed to be temporarily
reserved for public purposes (child care) under
section 4(1) of the Crown Land (Reserves) Act
1978.
s. 6
Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
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PART 4—AMENDMENT OF BALLARAT (SOVEREIGN
HILL) LAND ACT 1970
9. Definition
In section 2 of the Ballarat (Sovereign Hill)
Land Act 1970 insert the following definition—
' "museum site land" means—
(a) the land deemed to be permanently
reserved by section 5C; and
(b) the land shown hatched on the plan in
Schedule 1.'.
10. New section 5CA inserted
After section 5C of the Ballarat (Sovereign Hill)
Land Act 1970 insert—
"5CA. Additional land for museum site land
On the commencement of Part 4 of the Land
(Miscellaneous Matters) Act 2005, the land
shown hatched on the plan in Schedule 1—
(a) is deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land; and
See:
Act No.
7955
and
amending
Act Nos
94/1995 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 9
Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
7
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to
that land; and
(d) if any part of that land is or is being
used as a road, that part of the land
ceases to be a road and all rights,
easements and privileges existing or
claimed in it, either in the public or by
any body or person as incident to any
express or implied grant or past
dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(e) that land—
(i) is deemed to be permanently
reserved for the purposes set out
in section 5C; and
(ii) forms part of the museum site
land.".
11. Granting leases
In section 6(1) of the Ballarat (Sovereign Hill)
Land Act 1970—
(a) for "the lands deemed to be permanently
reserved by section 5C" substitute "the
museum site land";
(b) for "such lands" substitute "such land".
s. 11
Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970
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12. New section 6A inserted
After section 6 of the Ballarat (Sovereign Hill)
Land Act 1970 insert—
"6A. Saving provision—Land (Miscellaneous
Matters) Act 2005
(1) A lease granted under section 6 existing
immediately before the commencement of
Part 4 of the Land (Miscellaneous Matters)
Act 2005 has effect on and from that
commencement as if the land shown hatched
on the plan in Schedule 1 were included in
the area of land which is subject to that lease.
(2) Nothing effected by this section—
(a) is to be regarded as placing any person
in breach of, or as constituting a default
under, any provision of a lease,
including any provision prohibiting,
restricting or regulating the assignment
of the lease; or
(b) is to be regarded as fulfilling any
condition which allows a person to
exercise a right or remedy in respect of,
or to terminate, any agreement or
obligation.".
13. Schedule 1 inserted
After section 7 of the Ballarat (Sovereign Hill)
Land Act 1970 insert—
s. 12
Part 4—Amendment of Ballarat (Sovereign Hill) Land Act 1970
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
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"SCHEDULES
SCHEDULE 1
ADDITIONAL MUSEUM SITE LAND—TOWNSHIP OF BALLARAT
EAST, PARISH OF BALLARAT, COUNTY OF GRANT
(SOVEREIGN HILL)
".
s. 13
Part 5—General
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
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PART 5—GENERAL
14. Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings
in or amendments to the Register under the
Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Act.
s. 14
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
11
SCHEDULES
SCHEDULE 1
LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED
Item 1—Anglicare Victoria land
Situation and area of land: Parish of North Melbourne, being Crown
Allotments 8, 9, 10, 11, 12, 13 and 14 of
section 19B at East Melbourne, being
1871⋅1 square metres.
Instrument and date of
reservation:
Order in Council dated 29 October
The East Melbourne Land Act 1970,
section 2.
Description of land by
reference to Government
Gazette:
Government Gazettes 5 October 1883,
page 2326 and 2 November 1883,
page 2499.
Crown grant details: Volume 1502 Folio 372.
Purpose of reservation: 1. Site for Servants' Training Asylum.
Use for or in connexion with social
welfare purposes.
Extent of revocation: The entire reserve.
Item 2—Berry Street Child and Family Care Centre land
Situation and area of land: Parish of North Melbourne, being Crown
Allotments 15, 16, 17, 18 and 19 of
section 19B at East Melbourne, being
1479⋅6 square metres.
Instrument and date of
reservation:
Order in Council dated 26 September
Description of land by
reference to Government
Gazette:
Government Gazettes dated 2 September
1881, page 2553 and 30 September 1881,
page 2724.
Crown grant details: Volume 1351 Folio 183.
Sch. 1
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Purpose of reservation: Site for Infant Asylum.
Extent of revocation: The entire reserve.
Sch. 1
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
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SCHEDULE 2
PLAN OF PART OF BERRY STREET LAND
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Sch. 2
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
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ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 19 May 2005
Legislative Council: 8 September 2005
The long title for the Bill for this Act was "to provide for the revocation of a
number of reservations in respect of various parcels of land, to provide for
the revocation of Crown grants in relation to some of those parcels of land
and the re-reservation of part of one of those parcels of land, to amend the
Ballarat (Sovereign Hill) Land Act 1970 to provide for additional land to
be included in the reserved land to which that Act applies and for other
purposes."
The Land (Miscellaneous Matters) Act 2005 was assented to on
20 September 2005 and came into operation as follows:
Sections 1, 2, 6–14 and Schedules 1 and 2 on 21 September 2005: section
2(1); Part 2 (sections 3–5) on 21 October 2005: Government Gazette
20 October 2005 page 2308.
Endnotes
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
15
2. Table of Amendments
There are no amendments made to the Land (Miscellaneous Matters) Act
2005 by Acts and subordinate instruments.
Endnotes
Land (Miscellaneous Matters) Act 2005
Act No. 59/2005
16
3. Explanatory Details
No entries at date of publication.
Endnotes