Version incorporating amendments as at
1 June 2024
table of provisions
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
Part 2—Revocation of reservations 2
3 Revocation of reservation—Spargo Creek land 2
4 Revocation of reservation—Leneva land 2
5 Revocation of reservation—Leongatha South land (Mechanics' Institute) 2
6 Revocation of reservation—Leonard's Hill land 2
7 Consequences of revoking reservations 2
Part 3—Point Henry land 3
8 Revocation of reservations—Point Henry land 3
9 Consequences of revoking reservations 3
10 Leases to continue despite revocation of reservations 3
Part 5—University Square land 4
15 Definitions 4
16 Application 4
17 Revocation of reservation of stratum of land underground and ancillary land 4
18 Effect of Order 6
19 Powers to lease car park land 7
20 Power to enter and use land despite remaining reservation 9
Part 6—General 10
21 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 Leneva land 15
Schedule 3—Plan of Point Henry land—Southern portion 16
Schedule 4—University Square land 17
Endnotes 18
1 General information 18
2 Table of Amendments 20
3 Explanatory details 21
Version No.003
Land (Reservations and other Matters) Act 1999
No. 27 of 1999
Version incorporating amendments as at
1 June 2024
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to revoke reservations over certain pieces of land;
(b) to provide for the re-reservation of certain land in the township of Walhalla and at Carlton.
2 Commencement
This Act comes into operation on the day on which it receives the Royal Assent.
Part 2—Revocation of reservations
3 Revocation of reservation—Spargo Creek land
The Order in Council specified in item 1 of Schedule 1 is revoked.
4 Revocation of reservation—Leneva land
The Order in Council specified in item 2 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.
5 Revocation of reservation—Leongatha South land (Mechanics' Institute)
The Order in Council specified in item 3 of Schedule 1 is revoked.
6 Revocation of reservation—Leonard's Hill land
The Order in Council specified in item 4 of Schedule 1 is revoked.
7 Consequences of revoking reservations
On the revocation under this Part of an Order in Council reserving land—
(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.
Part 3—Point Henry land
8 Revocation of reservations—Point Henry land
(1) The Order in Council specified in item 5 of Schedule 1 is revoked to the extent described in that item.
(2) The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 3.
9 Consequences of revoking reservations
On the revocation under this Part of an Order in Council reserving land—
(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.
10 Leases to continue despite revocation of reservations
Nothing in this Part affects the continued existence of any lease existing immediately before the commencement of this Part in relation to the land specified in items 5 and 6 of Schedule 1.
Pt 4 (Heading and ss 11–14) repealed by No. 3/2024 s. 36(1).
Part 5—University Square land
15 Definitions
In this Part—
car park land means the land shown on the plan of survey to which the Order made under section 17 applies;
plan of survey means the plan of survey referred to in section 17;
stratum means a part of land consisting of a space of any shape above or below or partly above and partly below the surface of the land, all the dimensions of which are limited;
University Square reserve means the land described in items 8 of and 9 of Schedule 1.
16 Application
This Part has effect despite anything to the contrary in the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act or law.
17 Revocation of reservation of stratum of land underground and ancillary land
(1) The Minister administering the Crown Land (Reserves) Act 1978—
(a) on receiving a plan of survey signed by the Surveyor-General of—
(i) a stratum consisting of a space below the surface of any of the land shown hatched and any of the land shown cross-hatched on the plan in Schedule 4 or that land as nearly as practicable, to be used for an underground car park; and
(ii) any other parts of the land shown hatched and any other parts of the land shown cross-hatched on the plan in Schedule 4 or that land as nearly as practicable (whether above, below or on the surface of the land and shown on the plan of survey) that the Minister is satisfied are necessary for the construction of structures ancillary to the car park, including but not limited to, air vents and pedestrian and vehicle access to the car park; and
(b) on being satisfied that the land described in the plan of survey relates to no other land than the land shown hatched and the land shown cross-hatched on the plan in Schedule 4 or that land as nearly as practicable—
may recommend to the Governor in Council that—
(c) the Orders in Council specified in items 8 and 9 of Schedule 1 be revoked to the extent that they apply to the land shown on the plan of survey; and
(d) if any part of the land shown on the plan of survey is or is being used as a road, that part of the land ceases to be a road.
(2) The Governor in Council may make the Order recommended in subsection (1).
(3) An Order under subsection (2) must include a copy of the plan of survey of the land to which the Order applies.
18 Effect of Order
On publication in the Government Gazette of an Order under section 17—
(a) the Orders in Council specified in items 8 and 9 of Schedule 1 are revoked to the extent that they apply to the car park land; and
(b) Crown grant Volume 600 Folio 912 is revoked to the extent that it applies to the car park land; and
(c) the car park land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(d) if any part of the car park 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) the appointment of any committee of management of any part of the car park land is revoked to the extent that it relates to that land; and
(f) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the car park land; and
(g) the car park land is deemed to be permanently reserved for public purposes (car park) under section 4 of the Crown Land (Reserves) Act 1978; and
(h) the Melbourne City Council is deemed to be appointed under section 14(2) of the Crown Land (Reserves) Act 1978 as the committee of management of the car park land for the purposes of that Act.
19 Powers to lease car park land
(1) The committee of management of the car park land may grant a lease of that land or part of that land for the purposes of an underground car park.
(2) The committee of management must not grant a lease under subsection (1) unless the Minister administering the Crown Land (Reserves) Act 1978 has, in writing to the committee, approved the granting of the lease.
(3) The Minister must not approve the granting of a lease under subsection (1) unless the Minister is satisfied that, to the extent that the lease applies to a stratum of land—
(a) the lessee for the time being under the lease can obtain reasonable access to the use of the land to be leased; and
(b) the granting of the lease will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and
(c) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and
(d) provision has been made (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and
(e) if the surface of the land above the stratum is a road, the exercise of any of the lessee's rights or obligations under the lease will not interfere with the public use of that land as a road.
(4) A lease granted under subsection (1) may be for a term not exceeding 50 years.
(5) A lease granted under subsection (1)—
(a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 50 years; and
(b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and
(c) is subject to any covenants, exceptions, reservations and conditions that are determined by the committee of management and approved in writing by the Minister.
(6) If there is no committee of management of the car park land, the Minister administering the Crown Land (Reserves) Act 1978 may grant a lease of the car park land in accordance with this section, subject to any covenants, exceptions, reservations and conditions that are determined by the Minister.
20 Power to enter and use land despite remaining reservation
S. 20(1) amended by No. 10/2005 s. 3(Sch. 1 item 13).
(1) If a lease of the car park land is granted under this Part, the lessee, its servants or agents may enter and use the University Square reserve for the purposes of—
(a) carrying out the construction of an underground car park on the car park land; and
(b) carrying out the construction of structures ancillary to the car park on the car park land; and
(c) the alteration, repair, maintenance and removal of that car park or those structures—
in accordance with that lease.
(2) Subsection (1) does not apply unless written consent to the entry or use has been obtained from—
(a) the committee of management of the University Square reserve; or
(b) if there is no such committee of management, the trustees of the University Square reserve; or
(c) if there is no committee of management or trustee, the Minister administering the Crown Land (Reserves) Act 1978.
(3) This section applies despite anything to the contrary in the Orders in Council specified in items 8 and 9 of Schedule 1.
Part 6—General
21 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.
Schedules
Schedule 1—Land in respect of which reservations are revoked
Item 1—Spargo Creek land
Situation and area of land:
Parish of Moorabool West, County of Bourke, being 7082 square metres, being Allotment 5A, Section 14.
Instrument and date of reservation:
Order in Council dated 24 July 1876.
Description of land by reference to Government Gazette:
Government Gazettes dated 26 June 1876, page 1188 and 28 July 1876, page 1382.
Purpose of reservation:
Site for Public purposes.
Extent of revocation:
The entire reserve.
Item 2—Leneva land
Situation and area of land:
Parish of Baranduda, County of Bogong, being 195 square metres, being part of Section 24.
Instrument and date of reservation:
Order in Council dated 23 May 1881.
Description of land by reference to Government Gazette:
Government Gazettes dated 4 March 1881, page 691 and 27 May 1881, page 1389.
Purpose of reservation:
Site for Public purposes.
Extent of revocation:
Land shown hatched on the plan in Schedule 2.
Item 3—Leongatha South land (Mechanics' Institute)
Situation and area of land:
Parish of Leongatha, County of Buln Buln, being 2023 square metres, being Allotment 81D.
Instrument and date of reservation:
Order in Council dated 8 July 1902.
Description of land by reference to Government Gazette:
Government Gazettes dated 4 June 1902, page 1990 and 16 July 1902, page 3099.
Purpose of reservation:
Site for a Mechanics' Institute.
Extent of revocation:
The entire reserve.
Item 4—Leonard's Hill land
Situation and area of land:
Parish of Wombat, County of Talbot, being 3237 square metres, being Allotment 11N Section 4A.
Instrument and date of reservation:
Order in Council dated 27 October 1890.
Description of land by reference to Government Gazette:
Government Gazettes dated 26 September 1890, page 3857 and 31 October 1890, page 4274.
Purpose of reservation:
Site for Watering purposes.
Extent of revocation:
The entire reserve.
Item 5—Point Henry land
Situation and area of land:
Parish of Moolap, County of Grant.
Instrument and date of reservation:
Order in Council dated 26 May 1873.
Description of land by reference to Government Gazette:
Government Gazettes dated 15 November 1872, page 2086 and 13 June 1873, page 1059.
Purpose of reservation:
Site for Public purposes.
Extent of revocation:
The area being the portion remaining between high water mark and the boundaries of Allotments 16 and 17 of Section 1, Allotments 2A, 3, 4, 7, 8 and 11 and bounded on the north by the north-easterly prolongation of the north-western boundary of Allotment 16, Section 1 and on the south by the north-easterly prolongation of the south-eastern boundary of Allotment 11.
Item 6—Point Henry land—Southern portion
Situation and area of land:
Parish of Moolap, County of Grant, being 3490 square metres.
Instrument and date of reservation:
Order in Council dated 26 May 1873.
Description of land by reference to Government Gazette:
Government Gazettes 15 November 1872, page 2086 and 13 June 1873, page 1059.
Purpose of reservation:
Site for Public purposes.
Extent of revocation:
The area shown hatched on the plan in Schedule 3.
Sch. 1 item 7 repealed by No. 3/2024 s. 36(2).
Item 8—University Square land
Situation and area of land:
Parish of Jika Jika, County of Bourke, being 1·42 hectares, being Allotment 1, Section 71A, being University Square.
Instrument and date of reservation:
Order in Council dated 1 April 1867.
Description of land by reference to Government Gazette:
Government Gazette dated 9 April 1867, page 698.
Purpose of reservation:
Site for Ornamental purposes.
Item 9—University Square land
Situation and area of land:
Parish of Jika Jika, County of Bourke, being 1·42 hectares, being Allotment 1, Section 71A, being University Square.
Instrument and date of reservation:
Order in Council dated 9 June 1873.
Description of land by reference to Government Gazette:
Government Gazette dated 13 June 1873, page 1059.
Particulars of Crown grant
Crown grant Volume 600 Folio 912.
Purpose of reservation:
University Square.
Schedule 2—Plan of Leneva land
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Schedule 3—Plan of Point Henry land—Southern portion
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Schedule 4—University Square land
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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: 22 April 1999
Legislative Council: 25 May 1999
The long title for the Bill for this Act was "A Bill to provide for the revocation of the reservations over certain pieces of land, to provide for the re‑reservation of certain land and for other purposes."
The Land (Reservations and other Matters) Act 1999 was assented to on 1 June 1999 and came into operation on 1 June 1999: 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 Land (Reservations and other Matters) Act 1999 by Acts and subordinate instruments.