Version No. 001
Land (St Kilda Triangle) Act 2006
No. 19 of 2006
Version as at 1 July 2007
TABLE OF PROVISIONS
Section Page
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Revocation of permanent reservation and Crown Grant 2
5 Revocation of temporary reservation 3
6 Closure of Lower Esplanade as a road 3
7 Reservation of St Kilda triangle land for public purposes 4
8 Revocation and re-reservation of St Kilda land for overpass 4
9 Reservation of other St Kilda land for public purposes 6
10 Temporary reservation may be amended or revoked 6
11 Application of other laws 6
12 Powers to lease St Kilda triangle land 7
13 Registrar of Titles to make necessary amendments 9
SCHEDULES 10
SCHEDULE 1—Land in Respect of which Reservations are Revoked 10
SCHEDULE 2—Plan of Land—Lower Esplanade 12
SCHEDULE 3—Plan of Land—St Kilda Triangle 13
SCHEDULE 4—Land in Respect of which Reservation is Partly
Revoked 14
SCHEDULE 5—Plan of Land—St Kilda Esplanade 15
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ENDNOTES 16
General Information 16
Table of Amendments 17
Explanatory Details 18
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Version No. 001
Land (St Kilda Triangle) Act 2006
No. 19 of 2006
Version as at 1 July 2007
Preamble
Further development is being proposed for certain
land near the St Kilda foreshore.
In order for the development to proceed it is
necessary for that land, which consists of reserved
land and other Crown land, to be reserved for
public purposes and for the land to be capable of
being leased for longer periods than those set out
in the Crown Land (Reserves) Act 1978.
It is also proposed that the Port Phillip City
Council be the committee of management of the
reserved land.
The Parliament of Victoria therefore enacts as follows:
1 Purposes
The main purposes of this Act are—
(a) to revoke the reservations of certain land at
St Kilda; and
(b) to re-reserve that land and to reserve other
land at St Kilda for public purposes; and
(c) to provide for the Port Phillip City Council
to be the committee of management of the
reserved land; and
(d) to provide powers to lease part of the
reserved land.
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s. 2
2 Commencement
(1) 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 2007, it comes into
operation on that day.
3 Definitions
In this Act—
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;
the St Kilda triangle land means—
(a) the land temporarily reserved for public
purposes under section 7; and
(b) the land temporarily reserved for public
purposes under section 8.
4 Revocation of permanent reservation and Crown
Grant
(1) The Order in Council specified in item 1 of
Schedule 1 is revoked.
(2) Crown Grant Volume 2242 Folio 244 is revoked.
(3) On the revocation of the reservation of land under
subsection (1)—
(a) the 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 is revoked to the extent that it
applies to the land; and
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(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to the
land.
5 Revocation of temporary reservation
(1) The Order in Council specified in item 2 of
Schedule 1 is revoked.
(2) On the revocation of the reservation of land under
subsection (1)—
(a) the 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 the land is revoked to the
extent that it applies to the land; and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to the
land.
6 Closure of Lower Esplanade as a road
On the commencement of this section, the land
shown hatched on the plan in Schedule 2—
(a) ceases to be a road and all rights, easements
and privileges existing or claimed in the land
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
(b) is deemed to be unalienated land of the
Crown, freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests.
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7 Reservation of St Kilda triangle land for public
purposes
(1) The land shown hatched on the plan in Schedule 3
is deemed to be temporarily reserved under
section 4(1) of the Crown Land (Reserves) Act
1978 for public purposes.
(2) The Port Phillip City Council is deemed to be the
committee of management under the Crown
Land (Reserves) Act 1978 of the land.
8 Revocation and re-reservation of St Kilda land for
overpass
(1) The Minister on—
(a) receiving a plan of survey of certain land
signed by the Surveyor-General; and
(b) being satisfied that the land described on the
plan of survey forms part of one of the
2 areas of land shown cross-hatched on the
plan in Schedule 3—
may recommend to the Governor in Council
that—
(c) if any part of the land shown on the plan of
survey forms part of the foreshore land, the
reservation of the foreshore land be revoked
as to that part; and
(d) if any part of the land shown in the plan of
survey is or is being used as a road, that part
of the land shown in the plan of survey cease
to be a road; and
(e) the land shown on the plan of survey be
reserved for public purposes.
(2) On receiving the Minister's recommendation, the
Governor in Council may, by Order published in
the Government Gazette—
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s. 8
(a) revoke the Order in Council specified in
Schedule 4 to the extent that it applies to any
part of the land shown on the plan of survey;
and
(b) reserve the land on the plan of survey for
public purposes.
(3) On publication of the Order under subsection (2)
in the Government Gazette—
(a) any part of the land shown on the plan of
survey that forms part of the foreshore 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 the foreshore land is revoked
to the extent that it applies to the part of the
foreshore land shown on the plan of survey;
and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to the
part of the foreshore 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—
(i) that part of the land ceases to be a road;
and
(ii) all rights, easements and privileges
existing or claimed in that part of the
land 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
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s. 9
(e) the land shown on the plan of survey is
deemed to be temporarily reserved under
section 4(1) of the Crown Land (Reserves)
Act 1978 for public purposes; and
(f) the Port Phillip City Council is deemed to be
the committee of management under the
Crown Land (Reserves) Act 1978 of the
land shown on the plan of survey.
(4) In this section—
land includes a stratum of land;
the foreshore land means the land described in
Schedule 4.
9 Reservation of other St Kilda land for public
purposes
(1) The land shown hatched on the plan in Schedule 5
is deemed to be temporarily reserved under
section 4(1) of the Crown Land (Reserves) Act
1978 for public purposes.
(2) The Port Phillip City Council is deemed to be the
committee of management under the Crown
Land (Reserves) Act 1978 of the land.
10 Temporary reservation may be amended or revoked
The reservation of land under section 7, 8 or 9
may be amended, revoked or otherwise dealt with
in accordance with the Crown Land (Reserves)
Act 1978.
11 Application of other laws
This Act applies despite anything to the contrary
in section 10 of the Road Management Act 2004
or any other Act.
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s. 12
12 Powers to lease St Kilda triangle land
(1) The committee of management of the St Kilda
triangle land may grant a lease of that land for the
purpose of the construction or use of buildings,
works, facilities or public open space for retail,
tourism, entertainment, commercial or cultural
purposes.
(2) The committee of management must not grant a
lease under subsection (1) unless the Minister 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 has
satisfied himself or herself that—
(a) if the lease is granted before the buildings,
works or facilities proposed for the land are
built, the lease includes a covenant requiring
the construction of buildings, works and
facilities for retail, tourism, entertainment,
commercial or cultural purposes and that the
buildings, works or facilities are of such a
substantial nature and value as to justify the
term of the lease; and
(b) if the lease includes a stratum of land—
(i) each lessee for the time being under the
lease can obtain reasonable access to
the use of the land to be leased; and
(ii) the granting of the lease will not
interfere with the exercise of rights by
the registered proprietor, lessee or
licensee of other land; and
(iii) 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
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s. 12
(iv) 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.
(4) A lease granted under subsection (1) must not be
for an initial term of more than 50 years.
(5) A lease granted under subsection (1)—
(a) may provide for the term of the lease to be
extended one or more times, but—
(i) each extension of the lease must not
exceed 21 years; and
(ii) the aggregate of the initial term and any
extensions of the term must not exceed
99 years; and
(b) may provide 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 by the Minister.
(6) This section has effect despite anything to the
contrary in the Land Act 1958, the Crown Land
(Reserves) Act 1978 or regulations made under
the Crown Land (Reserves) Act 1978.
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s. 13
13 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 this Act.
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Sch. 1
SCHEDULES
SCHEDULE 1
Sections 4(1), 5(1)
LAND IN RESPECT OF WHICH RESERVATIONS ARE
REVOKED
Item 1
Situation and area of
land:
Borough of St Kilda, Parish of
South Melbourne, County of
Bourke, being 2 acres, 2 roods,
more or less, being Crown
Allotment 6A.
Instrument and date of
reservation:
Order in Council dated 17 March
1885.
Description of land by
reference to
Government Gazette:
Government Gazettes dated
20 February 1885, page 636 and
20 March 1885, page 882.
Crown grant details: Volume 2242 Folio 244.
Purpose of reservation: Land for the convenience of the
People.
Extent of revocation: The entire reservation.
Item 2
Situation and area of
land:
Parish of Melbourne South, County
of Bourke, being 9713 square
metres of land, less authorised
excisions, being Crown Allotments
104A and 104B
Instrument and date of
reservation:
Order in Council dated 14 August
1956.
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Sch. 1
Description of land by
reference to
Government Gazette:
Government Gazette dated
22 August 1956, page 4563.
Purpose of reservation: Site for Public Recreation.
Extent of revocation: The entire reservation.
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Sch. 2
SCHEDULE 2
Section 6
PLAN OF LAND—LOWER ESPLANADE
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Sch. 3
SCHEDULE 3
Sections 7(1), 8(1)(b)
PLAN OF LAND—ST KILDA TRIANGLE
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Sch. 4
SCHEDULE 4
Sections 8(2)(a), 8(4)
LAND IN RESPECT OF WHICH RESERVATION IS PARTLY
REVOKED
Foreshore land
Situation and area of
land:
City of St Kilda, Parish of South
Melbourne, County of Bourke,
being 19 acres, 2 roods, 20 perches,
more or less, less authorised
excisions, being Crown Allotment
102A.
Instrument and date of
reservation:
Order in Council dated 5 June
1906.
Description of land by
reference to
Government Gazette:
Government Gazette dated 13 June
1906, page 2379.
Purpose of reservation: Site for the Recreation,
Convenience and Amusement of
the People.
Extent of revocation: That part of the land shown on the
plan of survey and referred to in
section 8(3)(a).
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Sch. 5
SCHEDULE 5
Section 9(1)
PLAN OF LAND—ST KILDA ESPLANADE
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No. 19 of 2006
Endnotes
ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 8 February 2006
Legislative Council: 6 April 2006
The long title for the Bill for this Act was "to provide for the revocation of
reservations over certain land at St Kilda and to re-reserve that land and
reserve other land at St Kilda for public purposes, to provide for the Port
Phillip City Council to be the committee of management of that land and to
provide leasing powers over part of that land and for other purposes."
The Land (St Kilda Triangle) Act 2006 was assented to on 9 May 2006 and
came into operation on 1 July 2007: section 2(2).
16
Land (St Kilda Triangle) Act 2006
No. 19 of 2006
Endnotes
2. Table of Amendments
There are no amendments made to the Land (St Kilda Triangle) Act 2006
by Acts and subordinate instruments.
17
Land (St Kilda Triangle) Act 2006
No. 19 of 2006
Endnotes
3. Explanatory Details
No entries at date of publication.
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