Land (Revocation of Reservations - Metropolitan Land) Act 2016
No. 31 of 2016
Version as at
1 April 2017
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
Part 2—Cranbourne Racecourse land 2
3 Revocation of reservation—Cranbourne Racecourse land 2
4 Consequences of revocation—Cranbourne Racecourse land 2
5 Temporary reservation of Cranbourne Racecourse land 2
6 Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated taken to be committee of management of Cranbourne Racecourse land 3
7 Saving of leases over Cranbourne Racecourse land 3
8 Saving of leases does not place parties in breach 5
Part 3—Fitzroy Gasworks land 6
9 Revocation of reservation—Fitzroy Gasworks land 6
10 Consequences of revocation—Fitzroy Gasworks land 6
Part 4—Cemetery land at Springvale 7
11 Revocation of reservation—Cemetery land at Springvale 7
12 Consequences of revocation—Cemetery land at Springvale 7
13 Temporary reservation for cemetery purposes 8
Part 5—General 9
14 Registrar of Titles to make amendments necessary for this Act 9
Schedule 1—Land in respect of which reservations are revoked 10
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Endnotes 12
1 General information 12
2 Table of Amendments 14
3 Amendments Not in Operation 15
4 Explanatory details 16
Version No.002
Land (Revocation of Reservations - Metropolitan Land) Act 2016
No. 31 of 2016
Version as at
1 April 2017
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to revoke the permanent reservation of certain racecourse land at Cranbourne, to provide for the temporary reservation of that land for the purposes of a racecourse and public recreation, and to save certain leases over that land; and
(b) to revoke the permanent reservation of certain gasworks land at Fitzroy; and
Section 1 - Land (Revocation of Reservations - Metropolitan Land) Act 2016 - Land (Revocation of Reservations - Metropolitan Land) Act 2016 | Zoe
(c) to revoke the permanent reservation of certain cemetery land at Springvale and to temporarily reserve that land for cemetery purposes.
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 April 2017, it comes into operation on that day.
Part 2—Cranbourne Racecourse land
3 Revocation of reservation—Cranbourne Racecourse land
The Order in Council specified in item 1 of Schedule 1 is revoked.
4 Consequences of revocation—Cranbourne Racecourse land
Subject to this Part, 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 Temporary reservation of Cranbourne Racecourse 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, that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of a racecourse and public recreation.
6 Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated taken to be committee of management of Cranbourne Racecourse 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, Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated is taken to be the committee of management under section 14(2) of the Crown Land (Reserves) Act 1978 of that land.
7 Saving of leases over Cranbourne Racecourse 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, the following leases granted with respect to that land are taken to continue in force—
(a) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and St John Ambulance Australia (Victoria) commencing on 19 August 1999 for the storage of St John Ambulance vehicles and equipment;
(b) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Turf Club Incorporated commencing on 7 April 2000 for a manager's residence and maintenance area;
(c) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Harness Racing Club Incorporated dated 22 June 2004 for the conduct of race meetings and activities as a private members' racing club, the training and stabling of racehorses, recreational and community uses between race meetings, and all reasonably associated or incidental activities;
(d) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Turf Club Incorporated dated 22 June 2004 for the conduct of race meetings and activities as a private members' racing club, the training and stabling of racehorses, recreational and community uses between race meetings, and all reasonably associated or incidental activities;
(e) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Turf Club Incorporated, Cranbourne Harness Racing Club Incorporated and Cranbourne Greyhound Racing Club Incorporated dated 22 June 2004 for the conduct of race meetings and activities as a private members' racing club, the training and stabling of racehorses, recreational and community uses between race meetings, and all reasonably associated or incidental activities;
(f) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Turf Club Incorporated and Cranbourne Harness Racing Club Incorporated dated 22 June 2004 for the stabling of racehorses, recreational and community uses between race meetings, and all reasonably associated or incidental activities;
(g) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Greyhound Racing Club Incorporated on 9 July 2004 for the conduct of race meetings and activities as a private members' racing club, the racing, training and kennelling of greyhounds, recreational and community uses between race meetings, and all reasonably associated or incidental activities;
(h) the lease entered into by Cranbourne Racing Centre and Recreation Reserve Committee of Management Incorporated and Cranbourne Sports and Entertainment Centre Pty Ltd, ACN 084 517 000 commencing on 1 June 2014 for restaurant, entertainment, gaming and associated activities.
8 Saving of leases does not place parties in breach
Nothing done by virtue of section 7—
(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 that section including any provision prohibiting, restricting or regulating the assignment of a 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.
Part 3—Fitzroy Gasworks land
9 Revocation of reservation—Fitzroy Gasworks land
The Order in Council specified in item 2 of Schedule 1 is revoked.
10 Consequences of revocation—Fitzroy Gasworks land
On the revocation by this Part of the Order in Council specified in item 2 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.
Part 4—Cemetery land at Springvale
11 Revocation of reservation—Cemetery land at Springvale
The Order in Council specified in item 3 of Schedule 1 is revoked to the extent that it applies to Crown Allotment 2252, Parish of Dandenong, County of Bourke.
12 Consequences of revocation—Cemetery land at Springvale
Subject to section 13, on the revocation of the Order in Council specified in item 3 of Schedule 1 reserving the land described in that item to the extent that the Order applies to Crown Allotment 2252, Parish of Dandenong, County of Bourke—
(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.
13 Temporary reservation for cemetery purposes
On the revocation of the Order in Council specified in item 3 of Schedule 1 to the extent that the Order applies to the land described as Crown Allotment 2252, Parish of Dandenong, County of Bourke—
(a) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for cemetery purposes; and
(b) that land is taken to be a public cemetery established under section 4 of the Cemeteries and Crematoria Act 2003; and
(c) the Adass Israel Cemetery Trust continues to administer that land as the cemetery trust for the Adass Israel Public Cemetery under the Cemeteries and Crematoria Act 2003 as if it had been appointed as a cemetery trust for that land under section 8(1)(a) of that Act.
Part 5—General
14 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.
Schedule 1—Land in respect of which reservations are revoked
Item 1—Cranbourne Racecourse land
Situation and area of land:
Crown Allotment 21H, Township of Cranbourne, Parish of Cranbourne, being 44·68 hectares.
Instrument and date of reservation:
Order in Council dated 20 August 1888, published in the Government Gazette on 24 August 1888 at page 2658.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 13 July 1888 at page 2304.
Purpose of reservation:
Site for a Racecourse and other purposes of Public Recreation.
Extent of revocation:
The entire reserve.
Item 2—Fitzroy Gasworks land
Situation and area of land:
Crown Allotment A5, At North Fitzroy, Parish of Jika Jika, County of Bourke, being 0·602 hectares.
Instrument and date of reservation:
Order in Council dated 8 November 1880, published in the Government Gazette on 12 November 1880 at page 2775.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 15 October 1880 at page 2546.
Purpose of reservation:
Site for Municipal purposes.
Extent of revocation:
The entire reserve.
Item 3—Cemetery land at Springvale
Situation and area of land:
Crown Allotment 2252, Parish of Dandenong, County of Bourke, being 423 square metres.
Instrument and date of reservation:
Order in Council dated 28 October 1958, published in the Government Gazette on 5 November 1958 at page 3540.
Description of reserved land by reference to Government Gazette:
Government Gazette dated 8 October 1958 at page 3301 (described as Crown Allotment 8A).
Purpose of reservation:
Site for a Cemetery.
Extent of revocation:
The reserve so far as it applies to Crown Allotment 2252, Parish of Dandenong, County of Bourke.
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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: 13 April 2016
Legislative Council: 5 May 2016
The long title for the Bill for this Act was "A Bill for an Act to revoke permanent reservations of certain land at Cranbourne, Fitzroy and Springvale, to provide for the reservation of certain land for specified purposes and to save certain leases and for other purposes."
The Land (Revocation of Reservations - Metropolitan Land) Act 2016 was assented to on 31 May 2016 and came into operation as follows:
Sections 1, 2, 11–14 on 5 October 2016: Special Gazette (No. 300) 4.10.16 p. 1; Parts 2 (sections 3–8), 3 (sections 9, 10) on 1 April 2017: 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
There are no amendments made to the Land (Revocation of Reservations - Metropolitan Land) 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.