8 Consequences of revocation—Ballarat North land 5
9 Preservation of lease—Ballarat North land 5
Part 4—Caulfield land 7
10 Revocation of reservation—Caulfield land 7
11 Consequences of revocation—Caulfield land 7
12 Permanent reservation of Caulfield land 7
13 Glen Eira City Council is committee of management 8
Part 5—Cobram land 9
14 Revocation of reservation—Cobram land 9
15 Consequences of revocation—Cobram land 9
Part 6—Flinders land 10
16 Revocation of reservation—Flinders land 10
17 Consequences of revocation—Flinders land 10
Part 7—Waaia land 11
18 Revocation of reservation—Waaia land 11
19 Consequences of revocation—Waaia land 11
Part 8—Wedderburn land 12
20 Revocation of reservation—Wedderburn land 12
21 Consequences of revocation—Wedderburn land 12
22 Temporary reservation of Wedderburn land 12
23 Loddon Shire Council is committee of management 13
Part 9—General 14
24 Registrar of Titles to make amendments necessary for this Act 14
25 Preservation of lease does not place parties in breach 14
Schedule 1—Land in respect of which reservations are revoked 15
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Endnotes 19
1 General information 19
2 Table of Amendments 21
3 Amendments Not in Operation 22
4 Explanatory details 23
Version No.002
Land (Revocation of Reservations) Act 2016
No. 13 of 2016
Version as at
1 September 2016
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to revoke the permanent reservation of certain land at Albert Park and to provide that that land is taken to be permanently reserved for educational purposes; and
(b) to revoke part of the permanent reservation of certain land at Ballarat North; and
(c) to revoke the permanent reservation of certain land at Caulfield and to provide that that land is taken to be permanently reserved for public purposes, being in particular the purposes of a public park, gardens and recreation; and
(d) to revoke part of the permanent reservation of certain land at Cobram; and
(e) to revoke part of the permanent reservation of certain land at Flinders; and
(f) to revoke part of the permanent reservation of certain land at Waaia; and
(g) to revoke the permanent reservation of certain land at Wedderburn and to provide that that land is taken to be temporarily reserved for public purposes.
2 Commencement
(1) This Act, except Parts 2 and 6 and items 1 and 5 of Schedule 1, comes into operation on the day after the day on which it receives the Royal Assent.
(2) Subject to subsection (4), Part 2 and item 1 of Schedule 1 come into operation on a day to be proclaimed.
(3) Subject to subsection (4), Part 6 and item 5 of Schedule 1 come into operation on a day to be proclaimed.
(4) If a provision referred to in subsection (2) or (3) does not come into operation before 1 September 2016, it comes into operation on that day.
Part 2—Albert Park land
3 Revocation of reservation—Albert Park land
The Order in Council specified in item 1 of Schedule 1 is revoked.
4 Consequences of revocation—Albert Park land
On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1 reserving the land described in that item—
(a) that land is taken 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) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and
(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
5 Permanent reservation of Albert Park land
On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1, the land described in that item is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for educational purposes.
6 Preservation of lease—Albert Park land
(1) Nothing done by this Part affects the status or continuity of the lease over part of the land described in item 1 of Schedule 1 that was entered into by Parks Victoria and State Orchestra of Victoria ACN 096 788 804 and that commenced on 27 April 2006 and that was in force immediately before the commencement of this Part.
(2) The lease referred to in subsection (1) has effect from the commencement of this Part—
(a) as if the lease were a lease granted under section 5.2.5 of the Education and Training Reform Act 2006 by the Minister administering that section; and
(b) as if the lease referred to that Minister instead of Parks Victoria.
Part 3—Ballarat North land
7 Revocation of reservation—Ballarat North land
The Order in Council specified in item 2 of Schedule 1 is revoked to the extent that it applies to Crown Allotments 2005 and 2007, Parish of Ballarat.
8 Consequences of revocation—Ballarat North land
On the revocation by this Part of the Order in Council specified in item 2 of Schedule 1 to the extent that it applies to the land described in Crown Allotments 2005 and 2007, Parish of Ballarat—
(a) that land is taken 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) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and
(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
9 Preservation of lease—Ballarat North land
(1) Nothing done by this Part affects the status or continuity of the lease over the land described in Crown Allotments 2005 and 2007, Parish of Ballarat that was entered into by the City of Ballarat and North Ballarat Football Club Inc. and that commenced on 1 October 2013 and that was in force immediately before the commencement of this Part.
(2) The lease referred to in subsection (1) has effect from the commencement of this Part—
(a) as if the lease were a lease granted under section 134 of the Land Act 1958 by the Minister administering that section in relation to Crown Allotments 2005 and 2007, Parish of Ballarat; and
(b) as if the lease referred to that Minister instead of the City of Ballarat.
Part 4—Caulfield land
10 Revocation of reservation—Caulfield land
The Order in Council specified in item 3 of Schedule 1 is revoked.
11 Consequences of revocation—Caulfield land
On the revocation by this Part of the Order in Council specified in item 3 of Schedule 1 reserving the land described in that item—
(a) that land is taken 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) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and
(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
12 Permanent reservation of Caulfield land
On the revocation by this Part of the Order in Council specified in item 3 of Schedule 1, the land described in that item is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being in particular the purposes of a public park, gardens and recreation.
13 Glen Eira City Council is committee of management
On the commencement of this section, the Glen Eira City Council is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of the land described in item 3 of Schedule 1.
Part 5—Cobram land
14 Revocation of reservation—Cobram land
The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2008, Parish of Boosey.
15 Consequences of revocation—Cobram land
On the revocation by this Part of the Order in Council specified in item 4 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2008, Parish of Boosey—
(a) that land is taken 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) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and
(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
Part 6—Flinders land
16 Revocation of reservation—Flinders land
The Order in Council specified in item 5 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2034, Parish of Flinders.
17 Consequences of revocation—Flinders land
On the revocation by this Part of the Order in Council specified in item 5 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2034, Parish of Flinders—
(a) that land is taken 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) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and
(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
Part 7—Waaia land
18 Revocation of reservation—Waaia land
The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2039, Parish of Waaia.
19 Consequences of revocation—Waaia land
On the revocation by this Part of the Order in Council specified in item 6 of Schedule 1 to the extent that it applies to the land described in Crown Allotment 2039, Parish of Waaia—
(a) that land is taken 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) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and
(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
Part 8—Wedderburn land
20 Revocation of reservation—Wedderburn land
The Order in Council specified in item 7 of Schedule 1 is revoked.
21 Consequences of revocation—Wedderburn land
On the revocation by this Part of the Order in Council specified in item 7 of Schedule 1 reserving the land described in that item—
(a) that land is taken 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 the land is revoked to the extent that it relates to that land; and
(c) the appointment of any trustee of that land is revoked to the extent that it relates to that land; and
(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
22 Temporary reservation of Wedderburn land
On the revocation by this Part of the Order in Council specified in item 7 of Schedule 1, the land described in that item is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes.
23 Loddon Shire Council is committee of management
On the commencement of this section, Loddon Shire Council is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of the land described in item 7 of Schedule 1.
Part 9—General
24 Registrar of Titles to make amendments necessary for this Act
The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.
25 Preservation of lease does not place parties in breach
Nothing done by virtue of section 6 or 9—
(a) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease referred to in those sections 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; or
(c) releases the obligor wholly or in part from any obligation.
Schedule 1—Land in respect of which reservations are revoked
Item 1—Albert Park land
Situation and area of reserved land:
Crown Allotment 2027, Parish of Melbourne South, being 9283 square metres.
Instrument and date of reservation:
Order in Council dated 29 October 2002, published in the Government Gazette dated 31 October 2002, page 2934.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 31 October 2002, page 2934.
Purpose of reservation:
Public Park.
Extent of revocation:
The entire reserve.
Item 2—Ballarat North land
Situation and area of reserved land:
Crown Allotments 5A, 2005 and 2007, Parish of Ballarat, being 7·6241 hectares in total.
Instrument and date of reservation:
Order in Council dated 9 September 1935, published in the Government Gazette dated 11 September 1935, page 2359.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 14 August 1935, page 2137.
Purpose of reservation:
Show Yards and Public Recreation.
Extent of revocation:
The reserve so far as it relates to Crown Allotments 2005 and 2007, Parish of Ballarat.
Item 3—Caulfield land
Situation and area of reserved land:
Crown Allotment 32B, Parish of Prahran at Caulfield, being 2·0285 hectares.
Instrument and date of reservation:
Order in Council dated 23 August 1966, published in the Government Gazette dated 31 August 1966, page 3198.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 20 July 1966, page 2633.
Purpose of reservation:
Public purposes (swimming pool, other associated facilities and car parking).
Extent of revocation:
The entire reserve.
Item 4—Cobram land
Situation and area of reserved land:
The left bank of the River Murray in the Parish of Boosey.
Instrument and date of reservation:
Order in Council dated 23 May 1881, published in the Government Gazette dated 27 May 1881, page 1389.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 11 February 1881, page 484.
Purpose of reservation:
Public Purposes.
Extent of revocation:
The reserve so far as it relates to Crown Allotment 2008, Parish of Boosey.
Item 5—Flinders land
Situation and area of reserved land:
Crown Allotments 2034, 2035 and 2036 (formerly Crown Allotment 5, Section A), Parish of Flinders, being 63·76 hectares in total.
Instrument and date of reservation:
Order in Council dated 27 April 1982, published in the Government Gazette dated 5 May 1982, page 1277.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 5 May 1982, page 1277.
Purpose of reservation:
Preservation of Species of Native Plants.
Extent of revocation:
The reserve so far as it relates to Crown Allotment 2034, Parish of Flinders.
Item 6—Waaia land
Situation and area of reserved land:
The bed and banks of the Broken Creek in the Parish of Waaia.
Instrument and date of reservation:
Order in Council dated 23 May 1881, published in the Government Gazette dated 27 May 1881, page 1389.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 18 March 1881, page 817.
Purpose of reservation:
Public purposes.
Extent of revocation:
The reserve so far as it relates to Crown Allotment 2039, Parish of Waaia.
Item 7—Wedderburn land
Situation and area of reserved land:
Crown Allotment 25A, Section M, Parish of Wedderburne, being 2108 square metres.
Instrument and date of reservation:
Order in Council dated 27 November 1862, published in the Government Gazette dated 5 December 1862, page 2488.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 5 December 1862, page 2488.
Purpose of reservation:
Mechanics Institute.
Extent of revocation:
The entire reserve.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 21 October 2015
Legislative Council: 10 December 2015
The long title for the Bill for this Act was "A Bill for an Act to revoke permanent reservations of certain land, to provide for reservations of certain land for specified purposes and for other purposes."
The Land (Revocation of Reservations) Act 2016 was assented to on 5 April 2016 and came into operation as follows:
Parts 1 (sections 1, 2), 3 (sections 7–9), 4 (sections 10–13), 5 (sections 14, 15), 7–9 (sections 18–25) and items 2–4, 6 and 7 of Schedule 1 on 6 April 2016: section 2(1); Parts 2 (sections 3–6) and 6 (sections 16, 17) and items 1 and 5 of Schedule 1 on 1 September 2016: section 2(4).
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
There are no amendments made to the Land (Revocation of Reservations) Act 2016 by Acts and subordinate instruments.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.