Victorian Legislation and Parliamentary Documentsi
Version No. 001
Melbourne Harbor Trust Land Act 1968
Act No. 7764/1968
Version as at 14 February 2000
TABLE OF PROVISIONS
Section Page
Victorian Legislation and Parliamentary Documents1
Version No. 001
Melbourne Harbor Trust Land Act 1968
Act No. 7764/1968
Version as at 14 February 2000
An Act to vest certain Land in the Melbourne Harbor Trust
Commissioners to dedicate certain other Land as a Public
Highway and to amend the Melbourne Harbor Trust Act
1958.
Preamble
WHEREAS the lands described in the First and
Third Schedules are partly unalienated lands of the
Crown and partly lands alienated by way of the
leases referred to in Part I of the Second Schedule:
AND WHEREAS it is expedient that, while
preserving the rights of the lessees under the said
leases, the land described in the First Schedule
should be vested in the Melbourne Harbor Trust
Commissioners for the purposes of the Melbourne
Harbor Trust Act 1958:
AND WHEREAS it is expedient that the land
described in the Third Schedule should be
dedicated to the public as a public highway for the
purpose of widening the adjoining highway in
accordance with the Coal Canal Bridge Act 1960:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Victorian Legislation and Parliamentary DocumentsAct No. 7764/1968
Melbourne Harbor Trust Land Act 1968
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Short title and commencement
(1) This Act may be cited as the Melbourne Harbor
Trust Land Act 1968.
(2) This Act shall come into operation on the 1st day
of January, 1969.
Definition
In this Act "Commissioners" means the
Melbourne Harbor Trust Commissioners.
Vesting of land in First Schedule
(1) The land described in the First Schedule is hereby
vested in the Commissioners upon trust for the
purposes of the Melbourne Harbor Trust Act
(2) As from the commencement of this Act the
Commissioners shall be entitled to the rents and
profits of the said land described in the First
Schedule.
4. Amendment of leases in Second Schedule
The leases referred to in Part I of the Second
Schedule shall as from the commencement of this
Act be deemed to have been granted by the
Commissioners and shall operate subject to the
amendments set forth in Part II of the Second
Schedule.
5. Dedication of land in Third Schedule
The land described in the Third Schedule is
hereby dedicated to the public as a public highway
under the care and management of and shall be
maintained by the City of Melbourne.
s. 1
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6. Registrar of Titles to make alterations etc.
The Registrar of Titles is hereby authorized and
directed to make all such entries and alterations
upon any lease duplicate lease or other document
as may be necessary or expedient in consequence
of this Act and the holder of any such duplicate
lease or other document shall produce the same to
the Registrar of Titles for that purpose.
7. Amendment of Melbourne Harbour Trust Act 1958
After paragraph (g) of Part I of the Second
Schedule to the Melbourne Harbor Trust Act
1958 there shall be inserted the following
paragraph—
"(h) the land described in the First Schedule to
the Melbourne Harbor Trust Land Act
1968;".
s. 6
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SCHEDULES
FIRST SCHEDULE
Twenty-three acres three roods twenty-four perches, more or less, Parish of
Doutta Galla, County of Bourke:
Commencing at a point on the western boundary of land vested in the
Melbourne Harbor Trust Commissioners (described in the Schedule to Act
No. 7618), such point bearing 180º 6' 1288/10 links from the north-western
angle of that land; bounded thence by the said land bearing 180º 6' 7394/10
links, 270º 6' 182 links, and 180º 6' 3483/10 links; by further land vested in the
Melbourne Harbor Trust Commissioners (described in Part 5 of the Third
Schedule to Act No. 6871) bearing 219º 40' 7188/10 links and (described in
Part I of the Seventh Schedule to Act No. 6871) bearing 309º 40' 257699/10
links; and thence by lines bearing 90º 5' 14442/10 links and 90º 6' 1182 links
to the point of commencement.
Preamble,
section 3.
Sch. 1
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Melbourne Harbor Trust Land Act 1968
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SECOND SCHEDULE
PART I
Crown Leases—
Volume 1205 Folio 594 with Freighter Industries (Vic.) Proprietary
Limited.
Volume 1205 Folio 628 with Dunlop Tyre Service (Melbourne)
Pty. Limited (formerly known as National Tyre Service (Melbourne)
Pty. Limited).
Volume 1205 Folio 944 with Gibbs Bright and Co. Proprietary Limited.
Volume 1207 Folio 801 with Interport Terminals Pty. Limited (formerly
known as G.A.H. Proprietary Limited).
Volume 1207 Folio 297 with Patons Brake Replacements Proprietary
Limited.
PART II
Leases referred to in Part I are hereby amended as follows:
In clause 1—
(a) at the end of the habendum for the words 'The Board of Land and
Works (hereinafter called "the Board")' or 'the Minister of Lands
(hereinafter called "the Minister")' there shall be substituted the
words 'the Melbourne Harbor Trust Commissioners (hereinafter
called "the Commissioners")';
(b) for paragraph (b) of the reddendum there shall be substituted the
following paragraph—
"(b) (i) during the succeeding 10 years of the said term the yearly
re-appraised rent fixed for that period of 10 years by
agreement between the Commissioners and the lessee or in
default of agreement by an independent valuer appointed by
the Valuer-General;
(ii) during the last year of the said term the yearly re-appraised
rent fixed in accordance with the provisions of
paragraph (i).".
Preamble,
section 4.
Sch. 2
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2. In clause 2—
(a) (i) in paragraph (d) for the words "the Board under its common
seal" or "the Minister under his hand" there shall be substituted
the words "the Commissioners under their seal";
(ii) in paragraph (g) for the words "the Secretary for Lands and his
successors in office for and on behalf of Her said Majesty" there
shall be substituted the words "the Commissioners";
(iii) in paragraph (h) for the words "Her said Majesty by her servants
or agents or the servants and officers of the Board" there shall be
substituted the words "the servants and officers of the
Commissioners" and for the words "by Her said Majesty or by
the Board" there shall be substituted the words "by the
Commissioners";
(iv) in paragraph (l) for the words "the Board under its seal" or "the
Minister under his hand" there shall be substituted the words "the
Commissioners under their seal";
(b) save as otherwise provided in paragraph (a) hereof for the words
"Her said Majesty", "the Board", "the Minister", "the said Secretary"
(wherever occurring) there shall be substituted the words "the
Commissioners".
3. In clause 3—
(a) in paragraph (a) for the words "Her said Majesty", "the Governor in
Council", "the Board", "the Minister" (wherever occurring);
(b) in paragraph (d) for the words "the Board" or "the Minister"
(wherever occurring);
(c) in paragraph (e) for the words "Her said Majesty";
(d) in paragraph (f) for the words "the Board or the Secretary for Lands"
or "the Minister or the Secretary for Lands"—
there shall be substituted the words "the Commissioners".
4. (1) In the Schedule for the words "Her said Majesty" (where first
occurring) there shall be substituted the words "the Commissioners".
(2) In paragraph (d) of the Schedule to the lease with Interport
Terminals Pty. Limited and the lease with Patons Brake
Replacements Proprietary Limited for the words "Her said Majesty
her heirs and successors" and "the Board" or "the Minister" there
shall be substituted the words "the Commissioners".
Sch. 2
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THIRD SCHEDULE
Three acres one rood thirty-seven perches, more or less, Parish of Doutta
Galla, County of Bourke:
Commencing at a point on the southern alignment of Footscray-road being
the north-western angle of land vested in the Melbourne Harbor Trust
Commissioners (described in the Schedule to Act No. 7618); bounded thence
by that land bearing 180º 6' 1288/10 links; by lines bearing 270º 6' 1182 links
and 270º 5' 14442/10 links; by land vested in the Melbourne Harbor Trust
Commissioners (described in Part I of the Seventh Schedule to Act No. 6871)
bearing 309º 40' 2021/10 links; and thence by Footscray-road bearing
90º 5' 1600 links and 90º 6' 1182 links to the point of commencement.
═══════════════
Preamble,
section 5.
Sch. 3
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ENDNOTES
General Information
The Melbourne Harbor Trust Land Act 1968 was assented to on
18 December 1968 and came into operation on 1 January 1969: section 1(2).
Endnotes
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2. Table of Amendments
There are no amendments made to the Melbourne Harbor Trust Land Act
1968 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes