Victorian Legislation and Parliamentary Documentsi
Version No. 001
Melbourne Lands and Market Sites Act 1991
Act No. 86/1991
Version incorporating amendments as at 15 August 2000
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
Purposes 1
Commencement 1
PART 2—WESTERN MARKET SITE 2
Revocation of reservation and Crown grant 2
Sale of site 2
Repealed 2
PART 3—GENERAL 3
Consequences of revoking reservations 3
Consequences of sale 4
Certain matters not affected 4
Agreements 5
Act to prevail over other laws 5
No compensation payable by Crown 5
Supreme Court—limitation of jurisdiction 6
Registrar-General and Registrar of Titles to make necessary
amendments to records 6
PARTS 4, 5—Repealed 7
14, 15. Repealed 7
SCHEDULE—Lands in respect of which the reservations are
revoked 8
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Victorian Legislation and Parliamentary DocumentsSection Page
ii
ENDNOTES 9
General Information 9
Table of Amendments 10
Explanatory Details 11
Victorian Legislation and Parliamentary Documents1
Version No. 001
Melbourne Lands and Market Sites Act 1991
Act No. 86/1991
Version incorporating amendments as at 15 August 2000
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
Purposes
The purposes of this Act are—
(a) to revoke the reservation and Crown grant of
the Western Market Site at Melbourne;
(b) to authorise the sale of those lands;
(c) to amend the Melbourne Market and Park
Lands Act 1933 and the Melbourne
Market and Park Lands Act 1955;
(d) to make provision for related matters.
Commencement
(1) Parts 1, 3 and 5 come into operation on the day on
which this Act receives the Royal Assent.
(2) Part 2 comes into operation on a day to be
proclaimed, being a day after a day on which the
Minister certifies by notice published in the
Government Gazette that a contract for the sale of
some or all of the land to which that Part applies is
about to be entered into.
(3) Part 4 comes into operation on a day to be
proclaimed, being a day occurring after Part 2 is
in operation.
Victorian Legislation and Parliamentary DocumentsPart 2—Western Market Site
Melbourne Lands and Market Sites Act 1991
Act No. 86/1991
2
PART 2—WESTERN MARKET SITE
3. Revocation of reservation and Crown grant
(1) The Order in Council specified in item 1 of
Schedule 1 is revoked to the extent that it applies
to the land in Folio of the Register Volume 5914
Folio 755.
(2) Folio of the Register Volume 5914 Folio 755 is
revoked.
4. Sale of site
(1) The Minister, on behalf of the Crown, may sell all
or any part of the land described in Part III of the
Second Schedule to the Melbourne Market and
Park Lands Act 1933 to a person or body
approved by the Minister.
(2) The sale may be for any consideration or on any
other terms and conditions that may be determined
by the Minister.
(3) The Minister, on behalf of the Crown, may
execute any document or do anything else
necessary to give effect to the sale.
(4) The net proceeds of a sale of land under this
section (after deducting the costs and expenses of
the sale and any amounts payable under any
agreement made under this Act in respect of the
land sold) must be paid into the Victorian Debt
Retirement Fund established under the Victorian
Debt Retirement Fund Act 1990.
s. 3
S. 5
repealed by
No. 55/1994
s. 8.
Victorian Legislation and Parliamentary DocumentsPart 3—General
Melbourne Lands and Market Sites Act 1991
Act No. 86/1991
3
PART 3—GENERAL
6. Consequences of revoking reservations
(1) Subject to this section, on the revocation by this
Act of a reservation in respect of land—
(a) the land is deemed to be unalienated land of
the Crown, and subject to this Part, is freed
and discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
charges, leases, licences, estates, interests,
taxes and rates;
(b) the appointment of any committee of
management is revoked to the extent that it
relates to that land;
(c) any regulations made or having effect under
section 13 of the Crown Land (Reserves)
Act 1978 are revoked to the extent that they
apply to the land.
(2) Sub-section (1) does not affect the continuity of
any lease existing over any land in respect of
which the reservation and Crown grant are
revoked by this Act, and on and from the date of
that revocation that lease has effect—
(a) as a lease between the Minister as lessor and
the lessee for the time being under the lease,
as if it had been assigned to the Minister; and
(b) as if it referred to the Minister instead of to
the lessor (however described).
(3) Sub-section (1) does not affect the continuity of
any sub-lease existing over any land in respect of
which the reservation and Crown grant are
revoked by this Act.
S. 6
amended by
No. 21/1992
s. 3(a).
s. 6
S. 6(2)
inserted by
No. 21/1992
s. 3(b).
S. 6(3)
inserted by
No. 21/1992
s. 3(b).
Victorian Legislation and Parliamentary DocumentsPart 3—General
Melbourne Lands and Market Sites Act 1991
Act No. 86/1991
4
7. Consequences of sale
(1) Subject to this section, on a person or body
becoming entitled to a Crown grant of land in
accordance with the terms and conditions of a sale
under this Act, the Governor in Council, on behalf
of the Crown, may grant the land to the person or
body for an estate in fee simple, subject to any
terms, conditions, covenants, exceptions,
reservations and limitations that the Governor in
Council may determine.
(2) If at the date of sale of land under this Act any of
that land is subject to a lease, then on and from the
date of that sale the lease has effect—
(a) as a lease between the purchaser as lessor
and the lessee for the time being under the
lease, as if it had been assigned to the
purchaser; and
(b) as if it referred to the purchaser instead of the
lessor (however described).
8. Certain matters not affected
(1) This Act does not affect the operation of the
Historic Buildings Act 1981.
(2) This Act does not affect the continuance of any
liability, existing immediately before the
revocation by this Act of a reservation or Crown
grant of land, in the grantee, lessee or occupier of
the land in respect of any tax, rate or charge
payable under an Act.
(3) This Act does not affect any proceedings before a
Court concerning liability to pay land tax in
respect of any land to which this Act applies.
S. 7
amended by
No. 21/1992
s. 4(a).
s. 7
S. 7(2)
inserted by
No. 21/1992
s. 4(b).
Victorian Legislation and Parliamentary DocumentsPart 3—General
Melbourne Lands and Market Sites Act 1991
Act No. 86/1991
5
9. Agreements
(1) The Minister, on behalf of the Crown, may enter
into an agreement with a grantee, lessee or
occupier of land in respect of which a reservation
or Crown grant is revoked by this Act concerning
the use of any proceeds of the sale of the land to
discharge the grantee's, lessee's or occupier's
liability for taxes, rates or charges in respect of the
land.
(2) The Minister on behalf of the Crown, may enter
into an agreement with the Council of the City of
Melbourne, concerning—
(a) the protection of any public interest or
municipal interest in relation to land sold
under this Act;
(b) the protection or conservation of land sold
under this Act;
(c) the distribution to the Council of any of the
proceeds of sale of land sold under this Act.
(3) The Minister may do anything necessary to carry
out an agreement under this section.
(4) The Consolidated Fund is, by this sub-section,
appropriated to the extent necessary to make any
payment out of the proceeds of sale of land sold
under this Act, being a payment made in
accordance with an agreement under this section.
10. Act to prevail over other laws
This Act has effect despite anything to the
contrary in any other Act or law.
11. No compensation payable by Crown
No compensation is payable by the Crown in
respect of anything done under or arising out of
this Act.
s. 9
Victorian Legislation and Parliamentary DocumentsPart 3—General
Melbourne Lands and Market Sites Act 1991
Act No. 86/1991
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12. Supreme Court—limitation of jurisdiction
It is the intention of this section to alter or vary
section 85 of the Constitution Act 1975 to the
extent necessary to prevent the Supreme Court
awarding compensation in respect of anything
done under or arising out of this Act.
13. Registrar-General and Registrar of Titles to make
necessary amendments to records
(1) The Registrar-General must make all entries on
the records of enrolment of any Crown Grant and
on any memorial relating to land that are
necessary because of the operation of any
provision of this Act.
(2) The Registrar of Titles must make any
amendments to the Register under the Transfer of
Land Act 1958 that are necessary because of any
provision of this Act.
(3) If at the date of commencement of this Act,
section 7 of the Transfer of Land (Computer
Register) Act 1989 is not in operation, then until
that section comes into operation, sub-section (2)
of this section has effect as if it reads as follows:
"(2) The Registrar of Titles must make any
amendments to the Register Book and to any
Crown Grant, duplicate Crown Grant,
certificate of title, duplicate certificate of
title, or other instrument or duplicate
instrument that are necessary because of the
operation of any provision of this Act.".
s. 12
Victorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991
Act No. 86/1991
7
Pts 4, 5
(Headings
and ss 14, 15)
repealed by
No. 55/1994
s. 8.
s. 14
Victorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991
Act No. 86/1991
8
SCHEDULE
LANDS IN RESPECT OF WHICH THE RESERVATIONS ARE
REVOKED
Item
Situation and
area of land
Instrument
and date of
reservation
Description by
reference to
Government
Gazette
Purposes of
reservation
Extent of
revocation
City of Melbourne,
Parish of
Melbourne North,
County of Bourke,
6399 sq. metres
Order in
Council dated
1 May 1934
Government
Gazette
28 March 1934
p. 735 and
7 May 1934
p. 971
Site for
municipal
and other
purposes
As to the land
in Crown Grant
Volume 5914
Folio 755
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Sch.
Victorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991
Act No. 86/1991
9
ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 31 October 1991
Legislative Council: 20 November 1991
The long title for the Bill for this Act was "A Bill to revoke the reservation
and Crown grant of certain lands, to authorise the sale of those lands, to
amend the Melbourne Market and Park Lands Act 1933 and the
Melbourne Market and Park Lands Act 1955 and for other purposes.".
Constitution Act 1975:
Section 85(5) statement—
Legislative Assembly: 31 October 1991
Legislative Council: 20 November 1991
Absolute majorities—
Legislative Assembly: 14 November 1991
Legislative Council: 21 November 1991
The Melbourne Lands and Market Sites Act 1991 was assented to on
10 December 1991 and came into operation as follows:
Parts 1 (sections 1, 2), 3 (sections 6–13), 5 (section 15) on 10 December
1991: section 2(1); Part 2 (sections 3–5) on 17 June 1992: Government
Gazette 17 June 1992 page 1482 (see Interpretation of Legislation Act
1984 and Government Gazette 10 June 1992 page 1440); Part 4 (section 14)
was never proclaimed, repealed by section 8 of No. 55/1994.
Endnotes
Victorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991
Act No. 86/1991
10
2. Table of Amendments
This Version incorporates amendments made to the Melbourne Lands and
Market Sites Act 1991 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Melbourne Lands and Market Sites (Amendment) Act 1992, No. 21/1992
Assent Date: 16.6.92
Commencement Date: 16.6.92: s. 2
Current State: All of Act in operation
Land (Revocation of Reservations) Act 1994, No. 55/1994
Assent Date: 15.6.94
Commencement Date: S. 9 on 30.6.92: s. 2(1); rest of Act on 15.6.94: s. 2(2)
Current State: All of Act in operation
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Endnotes
Victorian Legislation and Parliamentary DocumentsMelbourne Lands and Market Sites Act 1991
Act No. 86/1991
11
3. Explanatory Details
No entries at date of publication.
Endnotes