Land (Revocation of Reservations and Other Matters) Act 2009
No. 81 of 2009
Version incorporating amendments as at
12 September 2018
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—Montefiore Homes Community Residence 2
4 Revocation of reservation—Altona Memorial Park Cemetery 2
5 Revocation of reservation—J.R. Parsons Reserve 2
6 Revocation of reservation—Kananook Creek Reserve 2
7 Consequences of revoking reservations under this Part 3
8 Registrar of Titles to make amendments necessary under Part 2 3
Part 3—Yarra Bend Park 4
9 Definitions 4
10 Revocation of Crown grant—Yarra Bend Park 4
11 Parks Victoria is committee of management 4
12 Dissolution of Yarra Bend Park Trust 4
13 Preservation of leases 5
14 Reservation not affected 7
15 Repeal of Acts—Yarra Bend Park 7
16 Registrar of Titles to make amendments necessary under Part 3 7
Part 4—Caulfield Racecourse 8
17 Revocation of reservation and Crown grant—Caulfield Racecourse 8
18 Consequences of revoking reservations—Caulfield Racecourse 8
19 Application of reservation—Caulfield Racecourse 9
20 Registrar of Titles to make amendments necessary under Part 4 9
Part 5—Royal Park Reserve 10
21 Revocation of reservation—Royal Park Reserve 10
22 Consequences of revoking reservation—Royal Park Reserve 10
23 Re-reservation of land—Royal Park Reserve 10
24 Registrar of Titles to make amendments necessary under Part 5 11
Part 6—Western Oval Reserve 12
25 Revocation of reservation—Western Oval Reserve 12
26 Consequences of revoking reservations—Western Oval Reserve 12
27 Re-reservation of land—Western Oval Reserve 12
28 Repeal of Acts—Western Oval Reserve 13
29 Registrar of Titles to make amendments necessary under Part 6 13
Part 7—Miscellaneous amendments 14
30 Geelong (Kardinia Park) Land Act 1950 14
Schedules 15
Schedule 1—Land in respect of which reservations are revoked 15
Section 1 - Land (Revocation of Reservations and Other Matters) Act 2009 - Land (Revocation of Reservations and Other Matters) Act 2009 | Zoe
1 Montefiore Homes Community Residence 15
2 Altona Memorial Park Cemetery 15
3 J.R. Parsons Reserve 16
4 Kananook Creek Reserve 16
5 Yarra Bend Park 16
6 Caulfield Racecourse Reserve—Land in relation to which reservation is to be revoked 17
7 Royal Park Reserve 17
8 Western Oval Reserve 18
Schedule 2—Montefiore Homes Community Residence, St Kilda 19
Schedule 3—Altona Memorial Park Cemetery 20
Schedule 4—J.R. Parsons Reserve 21
Schedule 5—Kananook Creek Reserve 22
Schedule 6—Caulfield Racecourse—land in relation to which reservation is to be revoked 23
Schedule 7—Caulfield Racecourse—land in relation to which reservation is to apply 24
Schedule 8—Royal Park Reserve 25
Schedule 9—Western Oval Reserve 26
Endnotes 27
1 General information 27
2 Table of Amendments 29
3 Amendments Not in Operation 30
4 Explanatory details 31
Version No.004
Land (Revocation of Reservations and Other Matters) Act 2009
No. 81 of 2009
Version incorporating amendments as at
12 September 2018
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to revoke certain permanent reservations and restricted Crown grants;
(b) to repeal the Kew and Heidelberg Lands Act 1933 and the Kew and Heidelberg Lands Act 1958 and to dissolve the Yarra Bend Park Trust;
(c) to amend the Geelong (Kardinia Park) Land Act 1950;
(d) to repeal the Footscray (Recreation Ground) Lands Act 1968 and the Footscray (Western Oval Reserve) Lands Act 1981;
(e) to reserve certain land temporarily.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 July 2010, it comes into operation on that day.
Part 2—Revocation of reservations
3 Revocation of reservation—Montefiore Homes Community Residence
(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) Crown Grant Volume 1966 Folio 010 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.
4 Revocation of reservation—Altona Memorial Park Cemetery
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 plans in Schedule 3.
5 Revocation of reservation—J.R. Parsons Reserve
The Order in Council specified in item 3 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 4.
6 Revocation of reservation—Kananook Creek Reserve
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 5.
7 Consequences of revoking reservations under this Part
On the revocation by this Part of an Order in Council reserving land—
(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 the land is revoked to the extent that the appointment 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.
8 Registrar of Titles to make amendments necessary under Part 2
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 Part.
Part 3—Yarra Bend Park
9 Definitions
In this Part—
S. 9 def. of Parks Victoria amended by No. 19/2018 s. 246.
Parks Victoria has the same meaning as in the Parks Victoria Act2018;
the Park means—
(a) the land reserved by the Order in Council specified in item 5 of Schedule 1; and
(b) the land shown hatched on the plan in the Tenth Schedule to the Kew and Heidelberg Lands Act 1933 as in force immediately before its repeal;
the Trust means the Yarra Bend Park Trust established by the Kew and Heidelberg Lands Act 1933.
10 Revocation of Crown grant—Yarra Bend Park
Crown Grant Volume 6443 Folio 407 is revoked.
11 Parks Victoria is committee of management
On the commencement of this Part, Parks Victoria is taken to be the committee of management of the Park appointed under the Crown Land (Reserves) Act 1978.
12 Dissolution of Yarra Bend Park Trust
On the commencement of this Part—
(a) the Trust is dissolved and the persons appointed or holding office as trustees go out of office;
(b) the Park, as vested in the Trust by section 7B(1) of the Kew and Heidelberg Lands Act 1933 as in force immediately before its repeal, is divested from the Trust;
(c) all rights, property and assets that, immediately before that commencement, were vested in the Trust are vested, by virtue of this section, in the State;
(d) all debts, liabilities and obligations of the Trust existing immediately before that commencement become debts, liabilities and obligations of the State;
(e) the State is substituted as a party to any proceeding pending in any court or tribunal to which the Trust was a party immediately before that commencement;
(f) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 that applied to the Park immediately before that commencement are revoked in so far as they apply to the Park.
13 Preservation of leases
(1) Nothing done by this Part affects the status or continuity of—
(a) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with the Royal Melbourne Institute of Technology ABN 49781030034 on 14 January 2003;
(b) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with KRT Riversdale Pty. Ltd. ACN 056429282 on 18 February 2009;
(c) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with Faktom Services Pty. Ltd. ACN 128524381 on 1 January 1996;
(d) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with Victorian Indigenous Nurseries Co-operative Ltd. ABN 96926702416 on 1 July 2007;
(e) the lease over land in the Park, in force immediately before the commencement of this Part, entered into by the Trust with Jesuit Social Services Ltd. ACN 005269554 on 1 April 2006.
(2) A lease referred to in subsection (1) has effect from the commencement of this Part—
(a) as a lease between Parks Victoria as lessor and the lessee for the time being under the lease, as if it had been assigned to Parks Victoria; and
(b) as if the lease referred to Parks Victoria instead of the Trust.
(3) Nothing done by virtue of this Part—
(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 subsection (1) including any provision prohibiting, restricting or regulating the assignment of the lease;
(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;
(c) releases any surety or other obligor wholly or in part from any obligation.
14 Reservation not affected
Nothing in this Part affects the status or continuity of the permanent reservation of the Park by the Order in Council specified in item 5 of Schedule 1 and section 17 of the Kew and Heidelberg Lands Act 1933 as in force immediately before its repeal.
15 Repeal of Acts—Yarra Bend Park
The following Acts are repealed—
(a) the Kew and Heidelberg Lands Act 1933;
(b) the Kew and Heidelberg Lands Act 1958.
16 Registrar of Titles to make amendments necessary under Part 3
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 Part.
Part 4—Caulfield Racecourse
17 Revocation of reservation and Crown grant—Caulfield Racecourse
(1) 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 6.
(2) Crown Grant Volume 7275 Folio 814 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 6.
18 Consequences of revoking reservations—Caulfield Racecourse
On the revocation by this Part of the Order in Council specified in item 6 of Schedule 1 reserving land—
(a) subject to section 19, 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 the land is revoked to the extent that the appointment 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.
19 Application of reservation—Caulfield Racecourse
On the surrender to the Crown of the land shown hatched on the plan in Schedule 7—
(a) the land is taken to be unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests existing immediately before that surrender; and
(b) the land is taken to be reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for racing, recreation and public park purposes; and
(c) the land is taken to be included in, and form part of, the land referred to in Crown grant Volume 7275 Folio 814; and
(d) the land is taken to form part of the land described in item 2 of Schedule 2 to the Racing Act 1958.
20 Registrar of Titles to make amendments necessary under Part 4
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 this Part.
Part 5—Royal Park Reserve
21 Revocation of reservation—Royal Park Reserve
The Order in Council specified in item 7 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 8.
22 Consequences of revoking reservation—Royal Park Reserve
On the revocation by this Part of the Order in Council specified in item 7 of Schedule 1 reserving land—
(a) subject to section 23, 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 the appointment 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.
23 Re-reservation of land—Royal Park Reserve
On the revocation by this Part of the Order in Council specified in item 7 of Schedule 1 reserving land, the land shown hatched on the plan in Schedule 8 is taken to be temporarily reserved as a site for a zoological park under section 4(1) of the Crown Land (Reserves) Act 1978.
24 Registrar of Titles to make amendments necessary under Part 5
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 this Part.
Part 6—Western Oval Reserve
25 Revocation of reservation—Western Oval Reserve
The reservation of land made under section 3(2) of the Footscray (Recreation Ground) Lands Act 1968 specified in item 8 of Schedule 1 is revoked.
26 Consequences of revoking reservations—Western Oval Reserve
On the revocation by this Part of the reservation of land specified in item 8 of Schedule 1—
(a) subject to section 27, 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 the appointment 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.
27 Re-reservation of land—Western Oval Reserve
On the revocation by this Part of the reservation of land specified in item 8 of Schedule 1, the land shown hatched on the plan in Schedule 9 is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 as a site for recreation, social and community purposes.
28 Repeal of Acts—Western Oval Reserve
The following Acts are repealed—
(a) the Footscray (Recreation Ground) Lands Act 1968;
(b) the Footscray (Western Oval Reserve) Lands Act 1981.
29 Registrar of Titles to make amendments necessary under Part 6
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 this Part.
Part 7—Miscellaneous amendments
30 Geelong (Kardinia Park) Land Act 1950
(1) Insert the following heading to section 3 of the Geelong (Kardinia Park) Land Act 1950—
"Leasing and licensing power over land described in Second Schedule".
(2) In section 3(1) of the Geelong (Kardinia Park) Land Act 1950, after "leases" insert "or licences".
(3) In sections 3(2) and 3(3) of the Geelong (Kardinia Park) Land Act 1950, after "lease" (wherever occurring) insert "or licence".
Schedules
Schedule 1—Land in respect of which reservations are revoked
1 Montefiore Homes Community Residence
Situation and area of land:
Parish of Melbourne South, County of Bourke, 9746 square metres, being Crown Allotments 57A, 58A, 59A, 60A and 60B at St Kilda.
Instrument and date of reservation:
Order in Council dated 29 September 1873.
Description of land by reference to Government Gazette:
Government Gazettes dated 15 August 1873, page 1463 and 10 October 1873, page 1775.
Particulars of Crown grant:
Crown Grant Volume 1966 Folio 010.
Purpose of reservation:
Site for Jewish Alms-houses.
Extent of revocation:
The land shown hatched on the plan in Schedule 2.
2 Altona Memorial Park Cemetery
Situation and area of land:
Parish of Truganina, 943 square metres, being Crown Allotments 2033 and 2034 at Altona.
Instrument and date of reservation:
Order in Council dated 18 April 1950.
Description of land by reference to Government Gazette:
Government Gazettes dated 22 March 1950, page 1658 and 26 April 1950, page 2381.
Purpose of reservation:
Site for a Cemetery.
Extent of revocation:
The land shown hatched on the plans in Schedule 3.
3 J.R. Parsons Reserve
Situation and area of land:
Parish of Cut Paw Paw, County of Bourke, 42.8 square metres, being Crown Allotment 2063 at Sunshine.
Instrument and date of reservation:
Order in Council dated 6 November 1963.
Description of land by reference to Government Gazette:
Government Gazettes dated 9 October 1963, page 3155 and 13 November 1963, page 3413.
Purpose of reservation:
Site for Public Recreation.
Extent of revocation:
The land shown hatched on the plan in Schedule 4.
4 Kananook Creek Reserve
Situation and area of land:
Parish of Frankston, County of Mornington, 860 square metres being Crown Allotment 2038 at Seaford.
Instrument and date of reservation:
Order in Council dated 23 May 1881.
Description of land by reference to Government Gazette:
Government Gazettes dated 25 February 1881, page 586 and 27 May 1881, page 1389.
Purpose of reservation:
Site for Public Purposes.
Extent of revocation:
The land shown hatched on the plan in Schedule 5.
5 Yarra Bend Park
Situation and area of land:
Parish of Boroondara, being Crown Allotments 59A, 78A, 78B, 78C and 78D and Parish of Jika Jika, being Crown Allotments 113D and 113E.
Instrument and date of reservation:
Order in Council dated 26 March 1935.
Description of land by reference to Government Gazette:
Government Gazettes dated 6 February 1935, pages 423–424 and 3 April 1935, page 1096.
Particulars of Crown grant:
Crown Grant Volume 6443 Folio 407.
Purpose of reservation:
Site for Public Park and Recreation.
6 Caulfield Racecourse Reserve—Land in relation to which reservation is to be revoked
Situation and area of land:
Parish of Prahran, County of Bourke, 5865 square metres being part of Crown Allotment A at Caulfield.
Instrument and date of reservation:
Order in Council dated 30 January 1884.
Description of land by reference to Government Gazette:
Government Gazettes dated 4 January 1884, page 9 and 8 February 1884, page 489.
Particulars of Crown grant:
Crown Grant Volume 7275 Folio 814.
Purpose of reservation:
Site for Racing, Recreation and Public Park purposes.
Extent of revocation:
The land shown hatched on the plan in Schedule 6.
7 Royal Park Reserve
Situation and area of land:
Parish of Jika Jika, County of Bourke, 1969 square metres, being Crown Allotment 2499 at Melbourne.
Instrument and date of reservation:
Order in Council dated 20 November 1876.
Description of land by reference to Government Gazette:
Government Gazettes dated 20 October 1876, page 1934 and 24 November 1876, page 2158.
Purpose of reservation:
Site for a Public Park.
Extent of revocation:
The land shown hatched on the plan in Schedule 8.
8 Western Oval Reserve
Situation and area of land:
Parish of Cut Paw Paw, County of Bourke, 5·854 hectares, being Crown Allotment 2012 at Footscray.
Instrument of reservation:
Section 3(2) of the Footscray (Recreation Ground) Lands Act 1968.
Purpose of reservation:
Site for recreation purposes.
Extent of revocation:
The land shown hatched on the plan in Schedule 9.
Schedule 2—Montefiore Homes Community Residence, St Kilda
1 Punt Road 2735
Schedule 3—Altona Memorial Park Cemetery
1 Grieve Parade 2736
1 Dohertys Road 2737
Schedule 4—J.R. Parsons Reserve
1 Wright Street 2738
Schedule 5—Kananook Creek Reserve
1 Kanannook Creek 2720
Schedule 6—Caulfield Racecourse—land in relation to which reservation is to be revoked
1 Normanby Road 2793
Schedule 7—Caulfield Racecourse—land in relation to which reservation is to apply
1 Station Street 2825
Schedule 8—Royal Park Reserve
1 Zoological 2806
Schedule 9—Western Oval Reserve
4 Barkly Street 2865
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: 17 September 2009
Legislative Council: 15 October 2009
The long title for the Bill for this Act was "A Bill for an Act to revoke certain reservations of land and related restricted Crown grants, to repeal the Kew and Heidelberg Lands Act 1933, the Kew and Heidelberg Lands Act 1958, the Footscray (Recreation Ground) Lands Act 1968 and the Footscray (Western Oval Reserve) Lands Act 1981, to amend the Geelong (Kardinia Park) Land Act 1950 and for other purposes."
The Land (Revocation of Reservations and Other Matters) Act 2009 was assented to on 8 December 2009 and came into operation as follows:
Sections 1, 2, 9–16 and Schedule 1 on 17 December 2009: Government Gazette 17 December 2009 page 3338; sections 4–8, 21–30, Schedules 3–5, 8 and 9 on 25 February 2010: Government Gazette 25 February 2010 page 351; sections 3, 17–20, Schedules 2, 6 and 7 on 1 July 2010: section 2(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 (Revocation of Reservations and Other Matters) Act 2009 by Acts and subordinate instruments.