Land (Reservations and other Matters) Act 1999

The Act turns on a small set of interlocking legal concepts: revocation of reservations, the legal aftermath of revocation, re‑reservation for a particular public purpose, strata of land, committee of management powers, Ministerial and Governor in Council decision‑making, and register amendments. Each concept is deployed tightly and mostly by reference to existing Crown land legislation.

• Revocation of reservation. The Act revokes particular Orders in Council identified in Schedule 1 (ss 3-6, 8). Where a plan or hatched area is referenced the revocation is confined to that area (s 4; s 8(2); Schedule 1). For University Square the mechanism is a two‑step administrative process: the Minister receives a Surveyor‑General signed plan and, if satisfied, may recommend to the Governor in Council that an Order be made revoking the relevant Orders in Council and ceasing road status for any surveyed part (s 17). The Governor in Council may then make the Order which must include the plan (s 17(2)-(3)).

• Legal consequences of revocation. For the revocations in Parts 2 and 3 the Act prescribes a uniform consequence: the land is deemed to be unalienated Crown land freed and discharged from all trusts, limitations and encumbrances, committees of management appointments are revoked to the extent they relate to that land, and regulations under s 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent they apply (ss 7, 9). That is an express statutory clearance of prior encumbrances created by the Act.

• Preservation of existing leases. The Act preserves leases existing immediately before commencement for Point Henry land (s 10). The statute therefore separates title cleansing from contractual continuance: the reservation may be revoked, but the Act keeps lease rights in force where specified.

• Stratum and stratum leasing. The Act defines "stratum" as a bounded space above or below surface (s 15). It authorises leases of strata for an underground car park , including ancillary spaces , with an upper aggregate term of 50 years and specified protections (s 19). Leases can include extensions, but the aggregate cannot exceed 50 years; a short holding‑over period (up to three months) can be provided (s 19(5)).

• Re‑reservation and committee appointment. After the Order under s 17 is published the Act both clears prior encumbrances (s 18(a)-(f)) and then deems the car park land permanently reserved for public purposes (car park) under s 4 of the Crown Land (Reserves) Act 1978 (s 18(g)). The Melbourne City Council is then deemed appointed as committee of management (s 18(h)), giving local government the statutory management role.

• Displacement of other laws. Part 5 operates "despite anything to the contrary" in the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act or law (s 16). That creates express statutory primacy within the narrow compass of Part 5.

• Administrative steps and registration. The Minister's recommendation to the Governor in Council requires a plan signed by the Surveyor‑General and the Minister's satisfaction that the plan relates only to the identified land (s 17(1)(a)-(b)). An Order under s 17 must include the plan (s 17(3)). Following operation of the Act the Registrar of Titles must record or amend the Register under the Transfer of Land Act 1958 as necessary (s 21).

These concepts produce a pathway: precise survey → Ministerial satisfaction → Governor in Council Order including plan → operation in Gazette → immediate statutory effects (clearing encumbrances, re‑reservation, committee appointment) → committee may lease subject to Ministerial approval and statutory pre‑conditions → construction and use rights regulated by consent and lease terms. The text supplies the procedural triggers and the substantive constraints that will govern parties' behaviour.

The Act touches a narrow set of parties with concrete, differing legal positions.

• Crown (State) and its administrative agencies. The Governor in Council is the decision‑maker who may make the Order under s 17(2). The Minister administering the Crown Land (Reserves) Act 1978 is the administrative gatekeeper who receives the Surveyor‑General’s plan and must be satisfied as to the land described before recommending the Order (s 17(1)). The Minister also must give written approval before the committee of management may grant a lease of the car park land (s 19(2)). The Registrar of Titles must make necessary recordings and amendments under the Transfer of Land Act 1958 that follow from the Act (s 21).

• Melbourne City Council. The Act expressly deems the Melbourne City Council to be appointed as the committee of management for the car park land under s 14(2) of the Crown Land (Reserves) Act 1978 once the Order has been published (s 18(h)). The committee of management has statutory powers to grant leases of the car park land but may do so only with prior written Ministerial approval and subject to conditions in s 19(3)-(5).

• Surveyor‑General. The process for re‑reservation and revocation in relation to University Square requires a plan of survey signed by the Surveyor‑General (s 17(1)(a)). That office therefore controls the spatial definition of the stratum and ancillary land.

• Lessees and potential developers. Persons or entities that obtain a lease of the car park land acquire rights to a stratum and to enter and use the University Square reserve for construction and operation in accordance with the lease (s 19; s 20). Lessees must be capable of obtaining "reasonable access" and must respect third‑party rights, rights of support, and rights of services (s 19(3)(a)-(d)). Lessees seeking to enter or use the University Square reserve must obtain written consent from the committee of management, trustees or the Minister depending on which exists (s 20(2)).

• Registered proprietors, lessees and licensees of adjacent or overlying land. The Act requires that the Minister be satisfied the granting of a lease will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land (s 19(3)(b)). The Act also contemplates the need to provide for necessary rights of passage and services to or through the stratum (s 19(3)(d)), and rights of support (s 19(3)(c)).

• Local users and members of the public. Where part of the car park land is or is used as a road, the Order can cease road status (s 17(1)(d) in recommendation; s 18(d) on publication), and when that happens the Act provides that all rights, easements and privileges in the road cease. That affects public use and any claimed public rights by user or supposed dedication over that road area.

• Parties with existing rights in the revocation list. For the revocations under Parts 2 and 3 the Act deems the land to be unalienated Crown land freed and discharged from all trusts, limitations and encumbrances, and it revokes committees of management and relevant regulations to the extent they apply to that land (ss 7, 9). Those with existing claims, easements or statutory encumbrances will have their interests extinguished by the statutory deeming, except where the Act otherwise preserves a right (for example s 10 preserving leases at Point Henry).

• Trustees and committees of management. Where committees of management are revoked to the extent they relate to the revoked land (ss 7(b), 9(b), 18(e)), the institutional role for those parcels changes. In the University Square case, the committee role is transferred to Melbourne City Council (s 18(h)).

Who pays: the Act itself does not set out purchase, compensation or rent schedules. Leases will impose payment obligations on lessees under their lease terms, and the committee or Minister will control lease rents and conditions. The administrative costs of preparing plans, obtaining Ministerial approvals and registering changes will fall on proponents (developers, councils or the State) and on the Registrar of Titles for record adjustments.

The Act imposes a small number of explicit duties and creates specific rights; most are administrative in nature.

Duties

• Ministerial satisfaction duty (s 17(1)(b)). The Minister administering the Crown Land (Reserves) Act 1978 must be satisfied that the land described in the plan of survey relates to no other land than the land shown hatched and cross‑hatched in Schedule 4 (or as nearly as practicable). That is a precondition to recommending an Order to the Governor in Council.

• Ministerial recommendation duty (s 17). The Minister may recommend to the Governor in Council that the specified Orders in Council be revoked and that any road status cease for parts of the surveyed land. The word "may" indicates discretion but the recommendation power is contingent on the prior reception of a Surveyor‑General signed plan and satisfaction as to its relation to Schedule 4 land (s 17(1)).

• Ministerial approval for leases (s 19(2)). The committee of management must not grant a lease of car park land unless the Minister has approved the granting of the lease in writing. That places an explicit control point in the approvals chain.

• Ministerial satisfaction criteria when approving leases (s 19(3)). The Minister must not approve a lease of a stratum unless satisfied of a set of criteria: reasonable access for the lessee (s 19(3)(a)); no interference with exercise of rights by registered proprietors, lessees or licensees of other land (s 19(3)(b)); provision for necessary rights of support (s 19(3)(c)); provision for necessary rights of passage or services including drainage, sewerage or supply of utilities (s 19(3)(d)); and if the surface is a road, that the lease will not interfere with public use (s 19(3)(e)).

• Registrar duty to record amendments (s 21). The Registrar of Titles must make recordings or amendments to the Register under the Transfer of Land Act 1958 necessary because of the operation of any provision of this Act. That imposes an operational duty on the registration authority once the legislative triggers have operated.

Rights and powers

• Governor in Council power to make Order (s 17(2)). After recommendation, the Governor in Council may make the Order that revokes the specified Orders in Council and ceases road status where applicable.

• Committee of management power to grant leases (s 19(1)). The committee may grant leases of car park land or parts of it for purposes of an underground car park, subject to Ministerial approval. Where there is no committee, the Minister may himself grant a lease (s 19(6)).

• Lessee rights of entry and use subject to consent (s 20(1)). If a lease is granted, the lessee and its servants or agents may enter and use the University Square reserve for construction, ancillary works and alteration/maintenance in accordance with the lease, but only with written consent from the committee, trustees, or Minister (s 20(2)). That is a conditional right that must be exercised in conformity with the lease and consent.

• Right to hold over (s 19(5)(b)). Leases may include a discretionary right for the lessee to remain in occupation under the same terms for up to three months after expiry; this is a short statutory window that can be adopted in the lease.

• Right to include extensions but subject to aggregate limit (s 19(5)(a)). A lease may contain provision for extension(s), but the aggregate initial term plus extensions must not exceed 50 years.

Statutory constraints and protections

• Displacement clause (s 16). Part 5 applies "despite anything to the contrary" in other Acts, meaning the duties and powers in Part 5 are intended to override inconsistent statutory provisions in the Land Act 1958, Crown Land (Reserves) Act 1978 or any other Act or law with respect to the University Square measures.

• Extinguishment of prior rights where road status ceases (s 18(d)). An Order that causes part of the car park land to cease being a road extinguishes "all rights, easements and privileges existing or claimed" in that land whether public or private. That is a statutory power to remove rights that would normally endure against the land.

Limits and preserved rights

• Preservation of pre‑existing Point Henry leases (s 10). The Act expressly preserves leases existing immediately before commencement in relation to the land specified in items 5 and 6 of Schedule 1. That is a legislative carve‑out that protects contractually‑based occupancies from automatic extinguishment.

In sum, the statutory duties are predominantly placed on the Minister (s 17 and s 19) and the Registrar (s 21), and powers to grant leases rest with the committee of management (Melbourne City Council) or the Minister when there is no committee (s 19). Lessees acquire pragmatic rights of entry and occupation subject to consent and lease terms (s 20; s 19).

The Act contains no express criminal offences, penalty provisions or administrative fine regimes. Its enforcement architecture is administrative and title‑centric rather than penal.

• No penal clauses. A careful reading of Parts 1-6 and the Schedules shows no provision imposing fines, penalties or criminal sanctions for breach. The Act operates by conferring, revoking and deeming legal statuses (reservations, Crown grant revocation, committee appointments) and by setting preconditions for Ministerial approvals. Absent penalty clauses, non‑compliance with the Act’s conditions would be addressed by invalidity of administrative acts, contractual remedies, or judicial review rather than statutory fines.

• Administrative controls and approvals. The Act enforces its policy choices through conditional administrative approvals. For example, the committee may not grant a lease without written Ministerial approval (s 19(2)). The Minister will only approve a lease if satisfied of specific matters (s 19(3)). Consent is required before lessees may enter and use University Square reserve (s 20(2)). These are binding statutory preconditions; failure to comply would render any purported lease or entry vulnerable to challenge or invalidation.

• Register recording as effectuation. The Registrar of Titles must make recordings or amendments necessary because of the Act (s 21). The Register under the Transfer of Land Act 1958 is the operational instrument that gives effect to title changes in practice. Compliance by the Registrar is therefore the delivery mechanism that places the legal consequences onto land titles.

• Judicial remedies not prescribed. The Act does not set out a bespoke dispute resolution regime or compensation mechanism for extinguished rights. Where rights are extinguished by the statute (for example, where road status ceases and rights and easements cease under s 18(d)), affected parties would need to rely on general legal avenues, such as administrative law remedies, claims under other statutory regimes that provide for compensation (if any), or equitable and contract remedies, none of which are created or modified by this Act. The Act does preserve certain leases (s 10) which makes one category of remedy unnecessary for those lessees.

• Ministerial discretion subject to judicial review. The Minister’s satisfaction and approval functions are discretionary statutory powers. In practice, exercise of those powers will be reviewable under general administrative law principles if legality, procedural fairness or reasonableness is at issue, but the Act itself does not provide enforcement guidance or limitations beyond the explicit statutory criteria in s 19(3).

• Effect of Gazette publication. Several consequences are triggered "on publication in the Government Gazette" of an Order under s 17 (s 18). Publication is therefore both a legal trigger and an operational enforcement moment; once published, the statutory effects occur by operation of the Act.

Practitioners should note that remedies for affected parties will arise through existing legal mechanisms outside this Act , for example, judicial review of administrative decisions, contract and property law claims or, where applicable at common law or under other statutes, compensation claims. The Act itself does not create a compensation scheme nor does it prescribe sanctions for violating the statutory preconditions governing leases and entry.

The Act is calibrated to operate alongside and, in one respect, to displace existing Crown land statutes and the Torrens Transfer framework.

• Crown Land (Reserves) Act 1978. The Act both revokes and re‑instates reserve statuses by explicit cross‑references. For the revocations in Parts 2 and 3 the Act expressly revokes regulations made under s 13 of the Crown Land (Reserves) Act 1978 to the extent they apply to the revoked land and revokes committee appointments to that extent (ss 7(c), 9(c)). For University Square the Order under s 17, once published, revokes the Orders in Council (s 18(a)), revokes Crown grant Vol 600 Folio 912 to the extent it applies to the car park land (s 18(b)), deems the car park land to be unalienated Crown land freed from prior encumbrances (s 18(c)), and then deems the car park land to be permanently reserved for public purposes (car park) under s 4 of the Crown Land (Reserves) Act 1978 (s 18(g)). The Act also deems Melbourne City Council to be appointed under s 14(2) of the Crown Land (Reserves) Act 1978 as committee of management (s 18(h)). Therefore the Act uses the existing statutory machinery of the Crown Land (Reserves) Act 1978 both to remove and to recreate reservation status, but it creates its own preconditions and processes for doing so (s 17).

• Land Act 1958 and other Acts. Part 5 is expressed to have effect "despite anything to the contrary" in the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act or law (s 16). This means that, to the extent of any inconsistency, the Part 5 measures prevail. That choice establishes legislative primacy for the University Square arrangements within the field of Crown land law and beyond; in a conflict the specific directions in Part 5 will control.

• Transfer of Land Act 1958. The Registrar of Titles is required to make any recordings or amendments necessary in the Register under the Transfer of Land Act 1958 because of the operation of the Act (s 21). This links the statutory revocations and re‑reservations to the Torrens register, ensuring that the formal titles reflect the new legal positions. For University Square specifically, s 18(b) revokes Crown grant Vol 600 Folio 912 to the extent it applies to the car park land; thereafter s 21 requires the Registrar to make corresponding register amendments.

• Orders in Council and Crown grants. The Act directly targets Orders in Council and a Crown grant (Vol 600 Folio 912 in Schedule 1 items 8-9). It provides that those instruments are to be revoked to the specified extent by operation of the Act and any subsequent Governor in Council Order under s 17. Thus the Act interacts directly with prior executive instruments and grant instruments rather than merely with statute.

• Survey regulation and registration practice. The requirement for a plan of survey signed by the Surveyor‑General (s 17(1)(a)) places the process within existing surveying standards and the Surveyor‑General’s statutory responsibilities, and the mandatory inclusion of the plan in any Order (s 17(3)) integrates the spatial definition into the legal instrument, affecting subsequent registration and land dealings.

• Administrative law. Although not explicitly cited, the Minister’s discretionary satisfactions and the Governor in Council’s power to make Orders will be subject to usual administrative law constraints (for example, legality and, in some contexts, procedural fairness), but the Act itself displaces other Acts only to the extent of Part 5 and contains specific statutory criteria and processes for the University Square measures.

• Non‑creation of compensation mechanism. The Act extinguishes certain rights (ss 7, 9, 18(d)) and revokes Crown grant to certain extents (s 18(b)), yet it does not set out a statutory compensation scheme. Interactions with other laws that might afford compensation (if any) are not created or modified by this Act; parties therefore would need to look to other statutes or common law principles for redress.

In short, the Act is an instrument of title reconfiguration that works within the Crown land and Torrens frameworks but creates a bespoke pathway and statutory primacy for the University Square car park project (s 16). It interfaces with registration practice (s 21), surveying standards (s 17), and ongoing Crown land management law (Crown Land (Reserves) Act 1978), and it explicitly overrides potential conflicts with other statutes in relation to Part 5.

The text as provided incorporates amendments up to 1 June 2024 (cover page). The endnotes identify two specific amending instruments that have altered parts of the Act.

• Statute Law Revision Act 2005 (No. 10/2005). This amending Act made a style change to s 20(1) as listed in the Table of Amendments. The amendment to s 20(1) commenced on 28 April 2005 (s 2 of the amending Act and Sch 1 item 13). The 2005 amendment is recorded in the Table of Amendments at endnote 2 and the marginal note referencing s 20(1) indicates the amendment. The source text includes the marginal note "S. 20(1) amended by No. 10/2005 s. 3(Sch. 1 item 13)." The amendment appears to have been of a drafting or style nature, as part of a statute law revision exercise.

• Land (Revocation of Reservations) Act 2024 (No. 3/2024). The 2024 Act made further changes. The endnotes record that Pt 4 (heading and ss 11-14) was repealed by No. 3/2024 s 36(1), and Sch 1 item 7 was repealed by No. 3/2024 s 36(2). The Table of Amendments records the assent date as 20 February 2024 and the commencement of s 36 on 1 June 2024 (Special Gazette 28.5.24 p. 1). The 2024 amendment therefore removed Part 4 and at least one scheduled item (Sch 1 item 7), altering the Act’s earlier structure. The Act as presented is therefore the consolidated version reflecting those repeals.

Other publication notes

• Commencement. The original Act came into operation on the day it received Royal Assent, which was 1 June 1999 (s 2 and endnotes). The current version consolidates later amendments.

• No explanatory details recorded. The endnotes include a section "3 Explanatory details" with "No entries at date of publication." That indicates there are no explanatory memoranda or further notes reproduced in the text included here beyond the second reading speech references.

Practitioners should consult the cited amending Acts directly for any marginal drafting changes or textual adjustments that may have altered the substance beyond what is reflected in the consolidated text. The endnotes identify the specific amendment instruments and commencement dates to assist tracing the legislative history.

The legislative text and endnotes record no reported litigation arising under this Act in the material provided. The endnotes contain a heading "3 Explanatory details" with "No entries at date of publication" and there is no schedule of cases attached to the Act. The Table of Amendments lists the Statute Law Revision Act 2005 and the Land (Revocation of Reservations) Act 2024 as amending instruments, but there is no listing of judicial decisions.

That absence in the statutory text means:

• No cases are named in the Act. The Act itself does not cite case law and the consolidation does not include a litigation history.

• No recorded challenges to the Minister’s or Governor in Council’s exercise of power under s 17 or to lease approvals under s 19 are referenced. If disputes have arisen in practice , for example over whether a plan of survey relates only to the Schedule 4 land, or over Ministerial satisfaction as to interference with other rights , they are not recorded in the consolidated Act as presented.

• Absent case references, one must rely on general administrative law, property law and contract law principles to predict how a court might approach disputes over statutory satisfactions, extinguishment of rights or the validity of register amendments. Any litigation would be overseen by courts applying general statutory interpretation rules and administrative law standards to the Act’s provisions, but the Act text does not include or summarise judicial rulings.

If litigation history is material to a matter, practitioners will need to conduct a separate case law search in legal databases and the court registry to locate any judicial consideration of the Act, related Governor in Council Orders, or disputes arising from the University Square arrangements or the other revocations in Schedule 1.

The statute contains several concrete operational and legal points that are easy to miss but have material consequences.

1. Deeming clears encumbrances but preserves some rights when specified. For most revocations the land is "deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests" (ss 7(a), 9(a), 18(c)). That language effects a statutory extinguishment of many prior interests. However, s 10 preserves existing leases for Point Henry land. The catch is to check carefully whether any interest is preserved by express provision; if not, it will likely be extinguished by the deeming clause.

2. Extinguishment of road rights and easements. For University Square, if any surveyed part is or is being used as a road, publication of the Order causes that part to cease to be a road and "all rights, easements and privileges existing or claimed in it" cease (s 18(d)). That is a broad extinguishment and will remove both public and private rights claimed by user, dedication, or operation of law. A developer or council that relies on a prior right of way or service easement should not assume it survives unless expressly preserved.

3. Part 5 displaces other legislation. Section 16 provides that Part 5 operates despite anything to the contrary in the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act or law. That creates a narrow legislative override for the University Square measures. Practitioners must not assume other statutory protections or processes necessarily apply in the same way to the Part 5 pathway; the Part 5 procedure and outcomes will control where there is an inconsistency.

4. Ministerial approvals are gatekeepers with concrete criteria. The committee of management cannot grant a lease without Ministerial written approval (s 19(2)), and the Minister must be satisfied of access, non‑interference, rights of support and services, and protection of road public use (s 19(3)). These are non‑trivial satisfactions that will determine whether a lease is permitted and on what terms. The Act permits the Minister to approve only where these safeguards are in place; this is not a mere formality.

5. Survey precision matters; plan must be included in Order. The Minister’s power to recommend is triggered by receipt of a plan of survey signed by the Surveyor‑General and satisfaction the plan relates only to the land shown in Schedule 4 (s 17(1)). The Governor in Council’s Order must include a copy of that plan (s 17(3)). Any spatial ambiguity or drafting inaccuracy in the plan can therefore affect the scope of revocation, the Crown grant revocation and the re‑reservation. Practically, accurate surveying and careful plan inclusion in the Order are essential.

6. Leases of strata are capped at 50 years aggregate. Leases of strata for the car park may be granted but the initial term plus any extension(s) must not exceed 50 years (s 19(4)-(5)(a)). Users seeking longer tenure must structure arrangements within that ceiling. The Act also allows a short holdover for up to three months (s 19(5)(b)).

7. Consent to enter the reserve required before construction access. Even where a lease is granted, entry and use of the University Square reserve for construction, ancillary works and maintenance requires written consent from the committee of management, trustees, or the Minister (s 20(2)). Failure to obtain that consent would render entry unauthorised despite a lease and could give rise to legal challenge.

8. Registrations must be adjusted; administrative steps may lag. The Registrar of Titles must make necessary changes to the Register under the Transfer of Land Act (s 21). The timing and detail of those amendments will affect third parties and conveyancing; parties should not rely on verbal assurances , inspect the Register to confirm that the statutory changes are recorded.

9. No statutory compensation framework. The Act extinguishes rights and revokes grants but does not create a compensation scheme. Practitioners should not assume statutory compensation will be available simply because a prior easement or right is extinguished; any compensation claim would need to be grounded in other statutory or common law avenues, which are outside this Act.

10. Part 4 repeal and consequential uncertainties. Part 4 was repealed by the Land (Revocation of Reservations) Act 2024 (s 36). If a practitioner’s matter historically relied on Part 4 provisions, they have been removed. Check the 2024 amending Act directly for the precise deletions and any transitional provisions.

In practice these "gotchas" require close attention to the plan of survey, the precise textual scope of the relevant Schedule items, Ministerial approval letters, register entries, and any existing leases or rights that the Act may preserve or extinguish.

For each stakeholder the Act prescribes a short compliance checklist. Below are actionable steps and documents to prepare, with section references to the Act.

For proponents (developers, councils) intending to create an underground car park at University Square

1. Commission and finalise a plan of survey. Ensure the plan precisely identifies the stratum (below surface) and any ancillary land required for the car park, including air vents and access, and that it conforms to surveying standards so it can be signed by the Surveyor‑General (s 17(1)(a); s 17(3)). The Order must include the plan.

2. Obtain Surveyor‑General signature. The Minister’s power to recommend is triggered only on receipt of a plan signed by the Surveyor‑General (s 17(1)(a)). Factor in the Surveyor‑General’s processes and timing.

3. Demonstrate the plan relates only to the Schedule 4 land (s 17(1)(b)). Prepare documentation showing the surveyed land corresponds to the hatched/cross‑hatched areas in Schedule 4 or is "as nearly as practicable" so; prepare to address any overlap issues.

4. Prepare Ministerial submission. The Minister must be satisfied before recommending the Order; prepare submissions and technical material addressing environmental, heritage, access, support and services issues and public road impacts.

5. Plan for Governor in Council Order and Gazette publication. If the Minister recommends, the Governor in Council may make the Order and it must include the plan; publication in the Government Gazette triggers the legal effects in s 18. Track and confirm Gazette publication.

6. Anticipate revocation and re‑reservation consequences. On Gazette publication the Orders in Council and the Crown grant will be revoked to the extent of the plan and the land will be deemed unalienated Crown land and then permanently reserved for public purposes (car park) with Melbourne City Council as committee of management (s 18). Ensure lease and operational models fit within that status.

For committee of management (Melbourne City Council) or Minister acting as lessor

1. Do not grant a lease of the car park land without written Ministerial approval (s 19(2)). Obtain formal written approval and retain a copy in the file.

2. Ensure Ministerial satisfaction criteria are met and documented (s 19(3)). For a strata lease demonstrate all five elements: reasonable access for lessee (s 19(3)(a)); non‑interference with rights of other registered proprietors/lessees/licensees (s 19(3)(b)); rights of support arrangements (s 19(3)(c)); rights of passage and services provisions (s 19(3)(d)); protection of public road use if surface is a road (s 19(3)(e)). Put these matters into lease schedules and cross‑referenced agreements.

3. Draft leases to conform to statutory limits and inclusions (s 19(4)-(5)). Max aggregate term 50 years; permitted provisions for extensions but the aggregate restriction must be observed; include optional three‑month holdover if desired; include covenants, exceptions, reservations and conditions determined by the committee and approved by the Minister (s 19(5)(c)).

4. If no committee exists, the Minister may grant a lease (s 19(6)). Coordinate with the Minister’s office and prepare leases to the same standards and with the same provisions.

For lessees and constructors

1. Ensure Ministerial and committee consents are in place before entering University Square reserve (s 20(2)). Even with a lease, written consent from the committee, trustees or Minister is required for entry and use for construction and maintenance (s 20(1)-(2)).

2. Secure reasonable access arrangements and service rights. The lease must provide for rights of passage, services and support where reasonably necessary (s 19(3)(c)-(d)). Negotiate detailed easement or statutory access mechanisms in the lease or ancillary documents.

3. Verify tenure limits. Structure financing and business models to fit the 50‑year aggregate tenure cap (s 19(4)-(5)(a)) and manage expectations for possible short holdovers only.

4. Confirm register entries and title status. After publication of the Order and execution of leases, confirm that the Registrar has made the necessary recordings under the Transfer of Land Act 1958 (s 21). Do not rely solely on the lease; ensure Torrens recordings reflect the entitlements and reservations.

For parties with existing rights on revoked parcels (general)

1. Identify whether your interest is preserved. Review Schedule 1 and the relevant Part to determine whether your interest is explicitly preserved (for example s 10 preserves Point Henry leases existing immediately before commencement). If not, expect statutory extinguishment under ss 7, 9 or 18 as relevant.

2. Consider timing and documentation. If you hold a right that may be affected by a future Order under s 17 (e.g. an alleged easement over University Square road), obtain legal advice early because the Order will, on Gazette publication, extinguish rights in affected road parts (s 18(d)).

3. Check for register changes. After any revocation or re‑reservation confirm the Register entries have been updated by the Registrar under s 21; this is the practical evidence of the change.

Administrative and procedural compliance

• Maintain records of Ministerial approvals and recommendations. The Act makes Ministerial approval a condition precedent to leasing (s 19). Keep contemporaneous records justifying the Minister’s satisfactions in case of review.

• Engage the Surveyor‑General and plan for the inclusion of the plan in the Order. The Governor in Council’s Order must include the plan of survey (s 17(3)). Ensure plan formatting and statutory references conform to requirements.

• Plan for extinguished rights and associated stakeholder management. Where the Order will cause road status to cease and rights to be extinguished (s 18(d)), undertake stakeholder engagement to manage user expectations and explore mitigation where appropriate.

• Coordinate with the Registrar for title amendments. Early contact with Land Registry and Transfer of Land Act registrations will smooth the post‑Order phase and avoid conveyancing surprises (s 21).

These practical steps implement the Act’s statutory preconditions and ensure parties act within the statutory framework set out in ss 17-21 and s 21.