i
Version No. 002
Melbourne Lands (Yarra River North Bank)
Act 1997
Act No. 28/1997
Version incorporating amendments as at 12 October 2005
TABLE OF PROVISIONS
Section Page
Purposes 1
Commencement 2
Definitions 2
Powers to lease aquarium site land 3
4A. Power to vary lease of aquarium site land 5
Rights of passage to and from leased land 6
Divesting of land from Melbourne City Council 6
Preserving rights under Transport Act 1983 7
Transitional provision—Melbourne Lands (Yarra River
North Bank) (Amendment) Act 2005 7
SCHEDULES 9
SCHEDULE 1—Aquarium Site Land 9
SCHEDULE 2—Land to be Divested from Melbourne City Council 10
═══════════════
ENDNOTES 11
General Information 11
Table of Amendments 12
Explanatory Details 13
1
Version No. 002
Melbourne Lands (Yarra River North Bank)
Act 1997
Act No. 28/1997
Version incorporating amendments as at 12 October 2005
Preamble
The land shown hatched on the plan in Schedule 1
consists of land reserved and vested in the
Melbourne City Council under the Melbourne
(Flinders-street) Land Act 1958, land temporarily
reserved under the Crown Land (Reserves) Act
1978, and other Crown land.
The Melbourne City Council is the manager of part
of the land shown hatched on the plan in
Schedule 1 and now proposes further development
for the land in the Schedule.
In order for the development to proceed it is
necessary to allow the land to be leased for longer
periods from those presently enabled by law. It is
also necessary to provide for additional rights for
the leaseholders, for the divesting of the land
shown hatched on the plan in Schedule 2 from the
Melbourne City Council, for the temporary
reservation of that land and for the appointment of
the Melbourne City Council as the committee of
management of that land.
The Parliament of Victoria therefore enacts as follows:
Purposes
The purposes of this Act are to—
(a) enable the granting of long term leases for
certain land adjacent to the Yarra River; and
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
2
(b) provide for certain consequential rights; and
(c) provide for the divesting of the land shown
hatched on the plan in Schedule 2 from the
Melbourne City Council; and
(d) provide for the appointment of the
Melbourne City Council as committee of
management of the land shown hatched on
the plan in Schedule 2; and
(e) provide for other related matters.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 February 1998, it
comes into operation on that day.
3. Definitions
In this Act—
"aquarium site land" means the land shown
hatched and cross-hatched on the plan in
Schedule 1;
"land" includes a stratum of land;
s. 2
S. 3 def. of
"aquarium
site land"
inserted by
No. 67/2005
s. 4(a).
S. 3 def. of
"reserved
land"
repealed by
No. 67/2005
s. 4(b).
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
3
"stratum of land" means a part of land
consisting of a space of any shape, below on
or above the surface of the land, or partly
below and partly above the surface of the
land, all the dimensions of which are limited.
4. Powers to lease aquarium site land
(1) The committee of management of any aquarium
site land may grant a lease of that land or part of
that land for the purpose of the construction or
occupation of an aquarium and substantial
buildings or works for related retail, tourism or
commercial purposes on the land.
(2) The committee of management must not grant a
lease under sub-section (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 sub-section (1) unless the Minister has
satisfied himself or herself that—
(a) if the lease is granted before the buildings
and works proposed for the land have been
built, the lease includes a covenant requiring
the construction of an aquarium and
substantial buildings or works for related
retail, tourism or commercial purposes and
that the buildings and works which are the
subject of the covenant are of such a nature
and value as to justify a lease of longer than
21 years; and
(b) if the lease is for a purpose other than the
purpose for which the land is reserved, the
lease is not detrimental to the purpose for
which the land is reserved; and
S. 4 (Heading)
inserted by
No. 67/2005
s. 5(1).
s. 4
S. 4(1)
amended by
No. 67/2005
s. 5(2).
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
4
(c) 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
(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 sub-section (1) must not be
for an initial term of more than 50 years.
(5) A lease granted under sub-section (1)—
(a) may contain provision 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
s. 4
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
5
(b) may contain provision 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.
4A. Power to vary lease of aquarium site land
(1) Despite any law to the contrary, a lease entered
into under section 4 may be varied by providing
that the lease applies to any part of the aquarium
site land, whether or not any part of that land was
originally subject to the lease.
(2) The power to make a variation to a lease under
sub-section (1)—
(a) must not be exercised unless—
(i) the Minister has, in writing to the
committee of management, approved
the variation of the lease; and
(ii) all the parties to the lease agree to the
variation; and
(b) is in addition to, and does not limit, any
other powers to vary a lease entered into
under section 4.
S. 4A
inserted by
No. 67/2005
s. 6.
s. 4A
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
6
5. Rights of passage to and from leased land
(1) Despite any reservation of the aquarium site land,
the holder of a lease under section 4, and any
person so authorised by the holder, have a right to
pass and re-pass over that part of the aquarium site
land which is not the subject of a lease under
section 4, subject to the following provisions—
(a) the right includes a right to pass or re-pass
with or without goods or vehicles;
(b) the right may be exercised at the times and
places determined by the committee of
management of the land over which the right
is to be exercised;
(c) the exercise of the right must be related to
the purposes of the lease.
(2) In making a determination under sub-section
(1)(b) the committee of management must be
reasonably satisfied that the determination is
necessary to give effect to the terms of the lease.
(3) A right under sub-section (1) does not affect any
right the public has to use the aquarium site land.
6. Divesting of land from Melbourne City Council
The land shown hatched on the plan in Schedule 2
is divested from the Melbourne City Council
and—
(a) is deemed to be unalienated land of the
Crown freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) any regulations made under the Crown
Land (Reserves) Act 1978 are revoked to
the extent that they apply to the land; and
s. 5
S. 5(1)
amended by
No. 67/2005
s. 7(1)(a)(b).
S. 5(3)
amended by
No. 67/2005
s. 7(2).
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
7
(c) is deemed to be temporarily reserved under
section 4(1) of the Crown Land (Reserves)
Act 1978 for public purposes; and
(d) the Melbourne City Council is deemed to be
the committee of management under the
Crown Land (Reserves) Act 1978 of the
land.
7. Preserving rights under Transport Act 1983
(1) Nothing in this Act affects any rights over the land
shown hatched on the plan in Schedule 1 under
the Transport Act 1983 that apply to the Flinders
Street Viaduct Railway.
(2) Nothing in this Act affects any rights over the land
shown cross-hatched on the plan in Schedule 1
under the Transport Act 1983 that apply to the
Flinders Street Viaduct Railway.
8. Transitional provision—Melbourne Lands (Yarra
River North Bank) (Amendment) Act 2005
(1) On and from the commencement of the
Melbourne Lands (Yarra River North Bank)
(Amendment) Act 2005, the lease dated 13
November 1997 of part of the land shown hatched
in Schedule 1 between Melbourne City Council
and Melbourne Underwater World Pty Ltd may be
varied in accordance with section 4A to include
any part of the land shown cross-hatched on the
plan in Schedule 1 (as substituted by that Act) as
part of the land which is subject to that lease.
(2) Nothing effected by this section—
(a) is to be regarded as placing any person in
breach of, or as constituting a default under,
any provision of a lease, including any
provision prohibiting, restricting or
regulating the assignment of the lease; or
S. 7
amended by
No. 67/2005
s. 8 (ILA
s. 39B(1)).
s. 7
S. 7(2)
inserted by
No. 67/2005
s. 8.
S. 8
inserted by
No. 67/2005
s. 9.
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
8
(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.
s. 8
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
9
SCHEDULES
SCHEDULE 1
AQUARIUM SITE LAND
Sch. 1
substituted by
No. 67/2005
s. 10.
Sch. 1
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
10
SCHEDULE 2
LAND TO BE DIVESTED FROM MELBOURNE CITY COUNCIL
═══════════════
Sch. 2
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
11
ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 10 April 1997
Legislative Council: 27 May 1997
The long title for the Bill for this Act was "A Bill to make further provision
in relation to the leasing, divesting and reservation of certain land adjacent to
the Yarra River near Flinders Street and for other purposes."
The Melbourne Lands (Yarra River North Bank) Act 1997 was assented
to on 27 May 1997 and came into operation as follows:
Sections 1, 2 on 27 May 1997: section 2(1); rest of Act on 19 June 1997:
Government Gazette 19 June 1997 page 1384.
Endnotes
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
12
2. Table of Amendments
This Version incorporates amendments made to the Melbourne Lands
(Yarra River North Bank) Act 1997 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Melbourne Lands (Yarra River North Bank) (Amendment) Act 2005,
No. 67/2005
Assent Date: 11.10.05
Commencement Date: 12.10.05: s. 2
Current State: All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
Act No. 28/1997
Melbourne Lands (Yarra River North Bank) Act 1997
13
3. Explanatory Details
No entries at date of publication.
Endnotes