Melbourne Market and Park Lands Act 1933 (Victoria)

The Melbourne Market and Park Lands Act 1933 effects a package of title, reservation and management changes to specified parcels of land in the City of Melbourne. Mechanically the Act does the following.

Revokes specified historic Orders in Council and Crown grants affecting the lands described in the First and Second Schedules (s. 3(1)-(2)). The text lists particular grants and the dates those instruments were originally made; s. 3 directs the Registrar of Titles or Registrar‑General to make necessary enrolment entries on production of the relevant duplicate documents (s. 3(8)). The Act therefore operates as a statutory clean‑up of title records for the parcels identified in the Schedules.
Deems a defined strip identified in Part II of the Second Schedule to be a public street by widening it under the statutory power in the pre‑Victorian Act quoted in s. 3(4). In short, Little Flinders‑street is declared to have been widened so that the parcel described is "for all purposes" a public street (s. 3(4)).
Provides for temporary reservation of the Third Schedule land for public gardens, by permitting the Governor in Council to make the reservation under the Land Acts (s. 3(6)). Once so reserved, the Governor in Council may appoint the City of Melbourne council or the corporation as committee of management (s. 4).
Appoints the council of the City of Melbourne, and in later circumstances the corporation, as committee of management for several parcels once specified prerequisites are met. The prerequisite steps and the effect are administrative: the Governor in Council must publish an Order in the Government Gazette, and after appointment the council is to improve and maintain the relevant land "to the satisfaction of the Minister" using moneys provided out of the town fund (s. 4(1)-(4)). The Act cross‑reads provisions of the Land Act 1928 so that certain parts of the Fourth Schedule are to be treated as though permanently reserved for public gardens and managed under the Land Act regime (s. 4(5)(a)).

Version No. 002

Melbourne Market and Park Lands Act 1933

No. 4184 of 1933

Version incorporating amendments as at
1 September 2011

table of provisions

Section Page

1 Short title 7

2 Definition 7

3 Revocation of Orders in Council and Crown grants 8

4 Appointment of council of city of Melbourne as committee of management of certain lands 9

5 Council to give receipt—Treasury Gardens 12

6 As to conditions of lease of land described in the Fourth
Schedule 12

7 No liability to attach to Crown 12

8 Corporation of City of Melbourne to be committee of management 13

SCHEDULES 14

SCHEDULE 1—Repealed 14

SCHEDULE 2 14

SCHEDULE 3 16

SCHEDULE 4 16

SCHEDULE 5 18

SCHEDULE 6 23

ENDNOTES 30

General Information 30
Table of Amendments 31
Explanatory Details 32

Version No. 002

Melbourne Market and Park Lands Act 1933

No. 4184 of 1933

Version incorporating amendments as at
1 September 2011

An Act to provide for the Revocation of the Permanent Reservation and of the Crown Grants for certain Market Purposes of certain Lands situate in the City of Melbourne and for the Permanent Reservation and Crown Grants thereof for Municipal Purposes and for the Temporary Reservation of certain other Land situate therein and for the Surrender of the Crown Grants of certain other Lands situate therein and for the Control and Management of certain Lands situate therein and for relieving the Government of Victoria from the Payment of certain Moneys, and for other purposes.

Preamble

WHEREAS by a Crown grant bearing date the fourth day of November One thousand eight hundred and forty-six and enrolled in the Supreme Court of New South Wales for the District of Port Phillip in the Register of Grants number one pages 21 and 22[1] the land described in Part I of the First Schedule to this Act was granted to the mayor aldermen and councillors of the town (now city) of Melbourne as a site or place for a general market:

AND WHEREAS by an Order in Council dated the twentieth day of September One thousand eight hundred and eighty-one[2] the land described in Part II of the said First Schedule was permanently reserved as a site for a market and by a Crown grant bearing date the twentieth day of September One thousand eight hundred and eighty-one and entered into the Register Book of the Office of Titles volume 1331 folium 266132 the said land was granted to the mayor aldermen councillors and citizens of the city of Melbourne as a site for the purposes of a general market:

AND WHEREAS by a Crown grant bearing date the fourth day of November One thousand eight hundred and forty-six and enrolled in the Supreme Court of New South Wales for the district of Port Phillip in the Register of Grants number one pages 18 and 19[3] the land described in Part I of the Second Schedule to this Act was granted to the mayor aldermen and councillors of the town (now city) of Melbourne as a site or place for a general market:

AND WHEREAS the land described in Part II of the said Second Schedule (being part of the land described in Part I of the said Second Schedule) is used as a public street as part of the street known as Little Flinders-street:

Preamble

AND WHEREAS the land described in Part III of the said Second Schedule comprises the land described in Part I of the said Second Schedule less the land described in Part II thereof:

AND WHEREAS the land described in the Third Schedule to this Act is land of the Crown used for public purposes:

AND WHEREAS by a Crown grant bearing date the ninth day of August One thousand eight hundred and fifty-two and enrolled in the Supreme Court of the Colony of Victoria in the Register of Grants number one pages 239 and 240[4] the land described in the Fourth Schedule to this Act was granted to the Board of National Education for the Colony of Victoria for the purposes of an Act of the Lieutenant-Governor and Legislative Council of the Colony of Victoria passed in the fifteenth year of the reign of Her late Majesty Queen Victoria intituled "An Act to incorporate the Board of Commissioners for National Education":

AND WHEREAS by Act No. CXLIX the lands vested in the said Board were vested in the Board of Education and by The Education Act 1872 the lands vested in the Board of Education were vested in the Minister of Public Instruction:

AND WHEREAS by a lease dated the fourth day of July One thousand nine hundred and thirty-three the land described in the said Fourth Schedule was leased as from the fourteenth day of April of that year for a term of fifty years to the Royal Australasian College of Surgeons (hereinafter called the said lessee) being a company registered under the Companies Acts by a lease executed by the Minister of Public Instruction, the Royal Australasian College of Surgeons and the Treasurer of Victoria whereby inter alia the said Treasurer covenanted that he would cause public gardens to be laid out upon so much of the said land as is for the time being not required for buildings and any extensions thereof and approaches thereto and thereafter cause such gardens to be kept and maintained in good and ornamental condition:

Preamble

AND WHEREAS in the said lease acceptance by the said lessee was expressed to be conditional on the said Treasurer for and on behalf of the State of Victoria entering into a covenant to cause public gardens to be laid out and maintained as aforesaid:

AND WHEREAS by an Order in Council dated the twentieth day of November One thousand eight hundred and seventy-six[5] the land described in Part I of the Fifth Schedule to this Act was permanently reserved for public park and by a Crown grant bearing date the sixth day of November One thousand eight hundred and seventy-six and entered in the Register Book of the Office of Titles volume 909 folium 181743 the said land was granted to trustees upon trust for purposes of public park:

AND WHEREAS by an Order in Council dated the eighteenth day of April One thousand eight hundred and eighty-two[6] the land described in Part II of the said Fifth Schedule was permanently reserved for a public park and by a Crown grant bearing date the sixth day of June One thousand eight hundred and eighty-three and entered in the Register Book of the Office of Titles volume 1483 folium 296530 the said land was granted to trustees upon trust for purposes of a public park:

AND WHEREAS by an Order in Council dated the fifth day of March One thousand eight hundred and eighty-four[7] the land described in Part III of the said Fifth Schedule was permanently reserved as a site for public park and by a Crown grant bearing date the fifth day of March One thousand eight hundred and eighty-four and registered in the Register Book of the Offices of Titles volume 1566 folium 313049 the said land was granted to trustees upon trust for purposes of public park:

AND WHEREAS by an Order in Council dated the seventeenth day of October One thousand eight hundred and eighty-five[8] the lands described in Part IV of the said Fifth Schedule were temporarily reserved as sites for public park:

Preamble

AND WHEREAS certain portions of the lands described in the said Fifth Schedule were acquired for railway purposes pursuant to paragraph (20) of section three of The Railway Construction Act 1880 and paragraph (59) of section three of The Railway Construction Act 1884 and a certain other portion thereof, being the land described in the Third Schedule to the Melbourne to West Brunswick Tramway Construction Act 1922, was acquired for tramway purposes pursuant to the provisions of the said last-mentioned Act:

AND WHEREAS by an Order in Council dated the twenty-third day of October One thousand nine hundred and thirty-three[9] the land described in Part I of the Sixth Schedule to this Act, being the land described in the Fourth Schedule to the Shrine of Remembrance Site Act 1933, was permanently reserved as a site for a monument known as the Shrine of Remembrance:

AND WHEREAS by an Order in Council dated the twelfth day of December One thousand nine hundred and thirty-two[10] the land described in Part II of the said Sixth Schedule was permanently reserved for public purposes:

AND WHEREAS the land described in Part III of the said Sixth Schedule is portion of the land described in Part II of the said Sixth Schedule:

AND WHEREAS by an Order in Council dated the twenty-ninth day of September One thousand eight hundred and seventy-three[11] certain land (which is the land described in the First Schedule to the Shrine of Remembrance Site Act 1933) was permanently reserved as a site for public park and gardens and the land described in Part IV of the said Sixth Schedule is portion thereof:

Preamble

AND WHEREAS it is expedient that the hereinbefore recited Order in Council of the twentieth day of September One thousand eight hundred and eighty-one relating to the land described in Part II of the said First Schedule should be revoked and that the hereinbefore recited Crown grants of the lands described in the said First Schedule and of the land described in Part I of the said Second Schedule should be revoked and that the lands described in the said First Schedule and the land described in Part III of the said Second Schedule should be permanently reserved for municipal purposes and granted to the mayor aldermen councillors and citizens of the city of Melbourne (hereinafter referred to as the said corporation) upon trust for municipal purposes and that the said corporation should be empowered to demise the said lands in whole or in part for any term or terms not exceeding in any case twenty-one years:

AND WHEREAS doubts have arisen as to whether the land described in Part II of the said Second Schedule is a public street and it is expedient to declare that the hereinbefore recited street known as Little Flinders-street should be deemed to have been widened pursuant to the provisions of section eighty-two of an Act passed in the sixth year of the reign of Her late Majesty Queen Victoria intituled "An Act to incorporate the Inhabitants of the Town of Melbourne" so as to include the said land:

AND WHEREAS it is expedient that the land described in the said Third Schedule should be temporarily reserved for public gardens, and that the trustees of the lands described in Parts I, II and III of the said Fifth Schedule should surrender such lands to His Majesty:

AND WHEREAS it is expedient to provide that the council of the city of Melbourne (hereinafter referred to as the said council) should be appointed to be a committee of management of and should improve and maintain as hereinafter provided the lands described in the said Third Fourth and Fifth Schedules and in Parts I, III and IV of the said Sixth Schedule and should contribute annually the sum of One thousand dollars[12] towards the maintenance of the Shrine of Remembrance:

Preamble

AND WHEREAS by an agreement made between the Government of Victoria and the said council and contained in two letters between the Commissioner of Crown Lands and Survey and the town clerk of the said corporation bearing date respectively the seventeenth day of April and the eighth day of May One thousand nine hundred and twenty-nine and lodged with the Department of Lands and Survey the Government of Victoria agreed to contribute annually for a period of ten years the sum of Two thousand dollars[13] towards the maintenance of certain land known as Treasury Gardens permanently reserved by an Order in Council dated the thirtieth day of July One thousand nine hundred and twenty-nine and described in the Government Gazette of the third day of July One thousand nine hundred and twenty-nine, page 1906[14]:

AND WHEREAS it is expedient to provide that the said council should give to the Government of Victoria a full and complete discharge from any liability under the said agreement:

AND WHEREAS by the Melbourne General Market Lands Act 1917 it is provided that the sum of $20 000[15] is to be paid by the Treasurer of Victoria to the said corporation:

AND WHEREAS no part of the said sum has been so paid and it is expedient to provide that such payment should not be made:

AND WHEREAS the Treasurer of Victoria and the Commissioner of Crown Lands and Survey and the said council have consented to such of the hereinbefore recited acts matters and things as respectively relate to each of them:

BE IT THEREFORE ENACTED by the King'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):

1 Short title

s. 1

This Act may be cited as the Melbourne Market and Park Lands Act 1933.

2 Definition

In this Act unless inconsistent with the context or subject-matter—

Schedule means Schedule to this Act.

3 Revocation of Orders in Council and Crown grants

s. 3

(1) The hereinbefore recited Order in Council of the twentieth day of September One thousand eight hundred and eighty-one relating to the land described in Part II of the First Schedule is hereby revoked.

(2) The hereinbefore recited Crown grants of the fourth day of November One thousand eight hundred and forty-six relating to the land described in Part I of the First Schedule and of the twentieth day of September One thousand eight hundred and eighty-one relating to the land described in Part II of the First Schedule and of the fourth day of November One thousand eight hundred and forty-six relating to the land described in Part I of the Second Schedule are hereby revoked.

S. 3(3) amended by No. 86/1991 s. 5(2)(a), repealed by No. 55/1994 s. 6.

(4) The hereinbefore recited street known as Little Flinders-street shall be deemed to have been widened pursuant to the provisions of section eighty-two of an Act passed in the sixth year of the reign of Her late Majesty Queen Victoria intituled "An Act to incorporate the Inhabitants of the Town of Melbourne" so as to include the land described in Part II of the Second Schedule, and the said land shall for all purposes be deemed to be and to have been a public street.

S. 3(5) amended by Nos 5913 s. 4, 86/1991 s. 5(2)(b), repealed by No. 55/1994 s. 6.

(6) The Governor in Council may in accordance with the provisions of the Land Acts temporarily reserve the land described in the Third Schedule for public gardens.

(7) The trustees of the lands described in Parts I, II and III of the Fifth Schedule may surrender such lands to His Majesty, and thereupon such lands shall be and be deemed to be lands of the Crown; but nothing in this subsection shall affect any permanent reservation in force in respect of any of such lands at the commencement of this Act.

(8) The Registrar of Titles or (as the case may be) the Registrar-General is hereby authorized and directed to make any necessary entries on the enrolments of record of the Crown grants referred to in this section the duplicates of which or (as the case may be) which the said corporation or (as the case may be) the said trustees shall produce to the Registrar of Titles or (as the case may be) the Registrar-General for such purpose.

4 Appointment of council of city of Melbourne as committee of management of certain lands

s. 4

S. 4(1) amended by No. 5913
s. 5(a).

(1) After the land described in the Third Schedule has been temporarily reserved for public gardens the Governor in Council may by Order published in the Government Gazette appoint the said council to be a committee of management of the said land, and from and after the date of such appointment the said council shall with moneys provided out of the town fund (which is hereby declared to be available for the purpose) improve and maintain the said land to the satisfaction of the Minister.

S. 4(2) amended by No. 5913 s. 5(b).

(2) After the Treasurer of Victoria has caused to be laid out as public gardens so much of the land described in the Fourth Schedule as is for the time being not required for buildings and any extensions thereof and approaches thereto the Governor in Council may, notwithstanding anything in the Land Acts, by Order published in the Government Gazette appoint the said council to be a committee of management of such land, and from and after the date of such appointment the said council shall with moneys provided out of the town fund (which is hereby declared to be available for the purpose) improve and maintain such land to the satisfaction of the Minister.

S. 4(3) amended by No. 5913 s. 5(c).

(3) On the surrender to His Majesty of the lands described in Parts I, II and III of the Fifth Schedule the Governor in Council may by Order published in the Government Gazette appoint the said council to be a committee of management of the lands described in the said Schedule, and from and after the date of such appointment the said council with moneys provided out of the town fund (which is hereby declared to be available for the purpose) shall maintain to the satisfaction of the Minister the lands described in the said Schedule other than the hereinbefore recited portions thereof acquired for railway and tramway purposes.

s. 4

S. 4(4) amended by Nos 5913 s. 5(d), 9167 s. 9(2), 4/2011 s. 14(1)(a).

(4) After the Treasurer of Victoria has caused to be laid out as a public park and gardens the lands described in Parts I, III and IV of the Sixth Schedule other than the reserved land within the meaning of the Shrine of Remembrance Act 1978 and has caused to be provided thereon an adequate system of reticulated piping for the distribution of water and an adequate system of drainage the Governor in Council may, notwithstanding anything in the Land Acts, by Order published in the Government Gazette appoint the said council to be a committee of management of such lands other than the portion aforesaid, and from and after the date of such appointment the said council shall with moneys provided out of the town fund (which is hereby declared to be available for the purpose) improve and maintain such lands other than the portion aforesaid to the satisfaction of the Minister.

(5) Notwithstanding anything in the Land Acts, for the purposes of this Act—

s. 4

(a) with respect to so much of the land described in the Fourth Schedule as is not required for buildings and any extensions thereof and approaches thereto as aforesaid, section one hundred and eighty-two and subsections (2), (3), (4) and (5) of section one hundred and eighty-three of the Land Act 1928 shall be read and construed and have effect as if the said land were reserved from sale permanently for the purposes of a public garden and the said council were appointed to be a committed of management thereof under subsection (1) of the last-mentioned section; and

s. 4

S. 4(5)(b) repealed by No. 4/2011 s. 14(1)(b).

S. 5 (Heading) inserted by No. 4/2011 s. 14(2).

5 Council to give receipt—Treasury Gardens

s. 5

(1) The said council—

S. 5(1)(a) amended by Nos 5913 s. 6, 9167 s. 9(3), repealed by No. 4/2011 s. 14(3).

(b) shall forthwith give to the Government a full and complete discharge from any liability under the hereinbefore recited agreement relating to the hereinbefore recited lands known as Treasury Gardens.

S. 5(2)(3) repealed by No. 4/2011 s. 14(3).

6 As to conditions of lease of land described in the Fourth Schedule

Without further or other authority than this Act, the Treasurer of Victoria shall for all purposes be deemed to have fully and completely performed as on the date of the commencement of this Act all covenants entered into by him under the hereinbefore recited lease of the fourth day of July One thousand nine hundred and thirty-three relating to the land described in the Fourth Schedule.

7 No liability to attach to Crown

Save as otherwise expressly provided in this Act no person or body of persons shall be entitled to receive or shall receive from the Crown any money or consideration or compensation in respect of or in any manner whatsoever arising out of any act matter or thing under this Act.

S. 8
inserted by No. 10144 s. 7.

8 Corporation of City of Melbourne to be committee of management

s. 8

Notwithstanding anything in this Act where, immediately before the commencement of section 7 of the Crown Land (Reserves) (Amendment) Act 1984, the said council was the committee of management of any land referred to in this Act the said council shall on the commencement of that section cease to be the committee of management thereof and the said corporation shall be the committee of management thereof and any of the powers or duties conferred or imposed on the said council as committee of management shall be deemed to have been conferred or imposed on the said corporation and the said corporation shall be deemed for the purposes of the Crown Land (Reserves) Act 1978 to have been appointed under section 14 of that Act as committee of management of the land.

SCHEDULES

Sch. 1 repealed by No. 55/1994
s. 6.

Sch. 1

Preamble.

Section 3.

SECOND SCHEDULE

PART I

Land granted to the Mayor, Aldermen and Councillors of the Town (now City) of Melbourne as a Site or Place for a General Market by Crown Grant bearing date the 4th November, 1846, and enrolled in the Supreme Court of New South Wales for the District of Port Phillip in Register of Grants No. 1, pages 18 and 19.

One acre two roods twenty-six perches, more or less, being part of section 3, town (now city) of Melbourne, parish of Melbourne North, county of Bourke:

Commencing at the intersection of the southern side of Collins-street and the eastern side of William-street; bounded thence by Collins-street bearing N. 62° E. three chains fifty links; by Market-street bearing S. 28° E. four chains seventy-five links; by Little Flinders-street bearing S. 62° W. three chains fifty links; and thence by William-street bearing N. 28° W. four chains seventy-five links to the point of commencement.

PART II

Portion of the Land described in Part I of this Schedule, which is used as a Public Street.

Fourteen perches, more or less, city of Melbourne, parish of Melbourne North, county of Bourke:

Commencing at a point bearing S. 28° 1' E. four chains forty-eight links and seven-tenths of a link from the intersection of the southern side of Collins-street and the eastern side of William-street; bounded thence by a line bearing N. 62° 4' E. three chains fifty-one links and two-tenths of a link; by Market-street bearing S. 27° 49' E. twenty-five links and nine-tenths of a link; by a line bearing S. 62° W. three chains fifty-one links; and thence by William-street bearing N. 28° 1' W. twenty-six links and three-tenths of a link to the point of commencement.

Sch. 2 Pt 3 repealed by No. 55/1994
s. 6.

Sch. 2

Preamble.

Sections 3, 4.

THIRD SCHEDULE

Sch. 3

Land of the Crown used for Public Purposes.

One acre three roods nine perches, more or less, city of Melbourne parish of Melbourne North, county of Bourke:

Commencing at the intersection of the south side of Albert-street and the east side of Evelyn-street; bounded thence by Albert-street bearing east five chains sixty-one links and three-tenths of a link; by lines bearing respectively S. 37° 38' W. two chains six links, and S. 42° 15' W. six chains; and thence by Evelyn-street north-westerly one chain forty-one links in an arc of a circle whose centre lies twenty chains north-easterly and with chord bearing N. 7° 54' W. one chain forty links and eight-tenths of a link, N. 3° 23' W. one chain sixteen links, northerly two chains thirty-two links and five-tenths of a link in an arc of a circle whose centre lies thirty-five chains easterly and with chord bearing N. 1° 10' W. two chains thirty-two links and two-tenths of a link, and N. 0° 30' W. one chain nineteen links and five-tenths of a link to the point of commencement.

Preamble.

Sections 4, 6.

FOURTH SCHEDULE

Land granted to The Board of National Education for the Colony of Victoria for purposes of the Act 15 Vict., No. 7 by Crown Grant bearing date the 9th August, 1852, and enrolled in the Supreme Court of the Colony of Victoria in Register of Grants No. 1, pages 239 and 240.

Two acres and twenty-three perches, more or less (by a recent survey discovered to be two acres twenty-six perches), city of Melbourne, parish of Melbourne North, county of Bourke:

Commencing at the intersection of the south side of Victoria-parade and the west side of Evelyn-street; bounded thence by Evelyn-street bearing south five chains; by Albert-street bearing west two chains ninety-eight links; by Spring-street bearing N. 28° W. five chains sixty-five links; and thence by Victoria-parade bearing east five chains sixty links to the point of commencement.

Sch. 4

Preamble.

Sections 3, 4.

FIFTH SCHEDULE

Sch. 5

PART I

Land permanently reserved for Public Park by Order in Council of 20th November, 1876 (See "Government Gazette" of 20th October, 1876, page 1934, and 24th November, 1876, page 2158), and comprised in Crown Grant entered in the Register Book of the Office of Titles, volume 909, folium 181743.

Four hundred and twenty-four acres twenty-one perches, county of Bourke, city of Melbourne:

Commencing at a point on the left bank of the Moonee Ponds where the north-east side of Emu-street abuts thereon: bounded thence by that street bearing S. 47° 18' E. six chains forty-nine links and S. 14° 45' E. six chains seventy-seven links; thence by section 98 bearing S. 25° 31' E. four chains thirty-two links and S. 44° 50' E. eleven chains two links, and by that section and Southgate-street bearing S. 21° 36' W. nine chains sixty-six links; thence by the Flemington-road bearing S. 52° 49' E. forty chains thirty-two links; thence by lines bearing respectively N. 37° 17' E. fourteen chains fifty-six links, and S. 52° 49' E. thirteen chains seventy-four links; thence by a street bearing N. 37° 17' E. nine chains sixty-one links; thence five chains seventy-five links in an arc of a circle whose chord bears N. 51° 52' E. five chains sixty-nine links, and whose centre lies south-easterly eleven chains thirty links, and by that street and Park-street bearing N. 66° 27' E. seven chains four links; thence by the one-chain road from the Sydney-road to the Zoological Gardens ten chains seventeen links in an arc of a circle whose chord bears N. 30° 22' W. ten chains five links, and whose centre lies north-easterly nineteen chains fifty-nine links; thence bearing N. 15° 30' W. five chains nine links; thence nine chains ten links and a half in an arc of a circle whose chord bears N. 42° 19' W. eight chains seventy-seven links, and whose centre lies south-westerly nine chains seventy-two links; thence five chains two links and a half in an arc of a circle whose chord bears N. 79° 50' W. four chains ninety-nine links, and whose centre lies southerly thirteen chains sixty-five links; thence bearing S. 89° 38' W. one chain thirty links; thence six chains sixteen links and a half in an arc of a circle whose chord bears N. 68° 14' W. six chains and half a link, and whose centre lies north-easterly seven chains ninety-seven links; thence seven chains eighty-four links in an arc of a circle whose chord bears N. 19° 56' W. seven chains fifty-seven links, and whose centre lies north-easterly eight chains fifty-nine links; thence one chain thirty-five links in an arc of a circle whose chord bears N. 22° 2' E. one chain thirty-three links and whose centre lies easterly two chains forty-nine links; thence bearing N. 37° 34' E. two chains eighty-seven links, and N. 52° 23' W. one chain sixty-seven links and a half; thence by the Zoological Gardens bearing S. 37° 37' W. fifteen chains ten links, N. 52° 6' W. six chains thirty-four links, N. 23° 34' W. twelve chains forty-one links; thence twenty-nine chains five links in an arc of a circle whose centre bears N. 66° 26' E. eleven chains one link from the commencement of the arc; thence bearing S. 52° 1' E. eleven chains ninety-one links, and S. 37° 37' W. ten chains forty-nine links; thence by the road one chain wide from the Zoological Gardens to the Sydney-road in a series of straight lines and curves respectively parallel to and concentric with those on the western side of that road as hereinbefore described to a point on the western side of the Sydney-road bearing N. 66° 27' E. seventy-nine links and N. 2° 40' W. thirty-nine links from the intersection of the western side of the said road from the Zoological Gardens with the north-western side of Park-street aforesaid; thence by the Sydney-road bearing N. 2° 20' W. four chains sixteen links; thence by Park-road bearing N. 57° 55' W. one chain sixty-seven links; thence five chains ninety-eight links in an arc of a circle whose chord bears N. 36° 43' W. five chains eighty-four links and whose centre lies north-easterly eight chains eight links; thence bearing N. 15° 30' W. ten chains five links; thence twenty-seven chains sixty links in an arc of a circle whose chord bears N. 8° 30' W. twenty-seven chains fifty-one links, and whose centre lies easterly one hundred and twelve chains thirty links; thence bearing N. 1° 26' W. eight chains ten links; thence nine chains ten links in an arc of a circle whose chord bears N. 5° 52' E. nine chains seven links and whose centre lies easterly thirty-five chains seventy links; thence

s. 5

|eleven chains forty-three links in an arc of a circle whose chord bears N. 22° 25' E. eleven chains thirty-eight links and whose centre lies south-easterly thirty-five chains forty-one links; thence four chains sixty-four links in an arc of a circle whose chord bears N. 53° 49' E. four chains fifty-two links, and whose centre lies south easterly six chains; thence again by the Sydney-road bearing N. 2° 20' W. one chain sixteen links; thence by Park-street west bearing N. 89° 14' W. twenty-six chains twenty-eight links; thence by lines bearing respectively south eleven chains ninety-nine links, east two chains seventy links, south ten chains forty-two links, east six chains five links, south one chain, west nine chains fifty links, and north twenty-three chains forty-two links; thence again by Park-street west bearing N. 89° 14' W. nineteen chains fifteen links; thence by a line bearing S. 0° 40' W. twenty-four chains fifty links; thence seven chains twenty-seven links in an arc of a circle whose chord bears S. 32° 2' W. six chains fifty links, and whose centre lies north-westerly six chains twelve links and a half; thence by lines bearing respectively N. 89° 15' W. twelve chains forty-six links, S. 66° 35' W. six chains, S. 83° 30' W. four chains, S. 3° 35' W. three chains, S. 77° W. three chains N. 42° 40' W. three chains thirty-five links, and N. 32° 40' W. three chains to a gully; thence by that gully to the Moonee Ponds; and thence by the Moonee Ponds downwards to the point of commencement.

PART II

Land permanently reserved for a Public Park by Order in Council of 18th April, 1882 (See "Government Gazette" of 24th February, 1882, page 510, and 20th April, 1882, page 904) and comprised in Crown Grant entered in the Register Book of the Office of Titles, volume 1483, folium 296530.

Twenty acres, county of Bourke, city of Melbourne:

Sch. 5

Commencing at the south angle of the site, being a point bearing
N. 52° 49' W. one chain from the west angle of allotment 1 of section K1; bounded thence by Flemington-road bearing N. 52° 49' W. thirteen chains seventy-four links; thence by the Royal Park bearing N. 37° 17' E. fourteen chains fifty-six links and S. 52° 49' E. thirteen chains seventy-four links; and thence by a road bearing S. 37° 17' W. fourteen chains fifty-six links to the point of commencement.

PART III

Land permanently reserved as a Site for Public Park by Order in Council of 5th March, 1884 (See "Government Gazette" of 8th February, 1884, page 489, and 14th March, 1884, page 745) and comprised in Crown Grant entered in the Register Book of the Office of Titles, volume 1566, folium 313049.

Three acres three roods ten perches, more or less, county of Bourke, city of Melbourne:

Commencing at a point bearing N. 89° 14' W. twenty-six chains twenty-eight links from the intersection of the west side of Sydney-road and the south side of Park-street west; bounded thence by the existing site bearing south eleven chains ninety-nine links, east two chains seventy links; south ten chains forty-two links, east six chains five links, south one chain, west nine chains fifty links, and north twenty-three chains forty-two links; and thence by Park-street west aforesaid bearing S. 89° 14' E. seventy-five links to the point of commencement.

Sch. 5

PART IV

Lands temporarily reserved as Sites for Public Park by Order in Council of 17th October, 1885 (See "Government Gazette" of 23rd October, 1885, page 2928).

Two acres three roods twenty-nine perches, county of Bourke, city of Melbourne:

Commencing at a point on the northern boundary of the Royal Park where the eastern side of Oak-street abuts thereon; bounded thence by the said street bearing N. 2° 28' E. one chain thirty-two links, north-easterly six chains twenty-six links and a half in an arc of a circle whose centre lies four chains fifty-two links south-easterly, and N. 81° 54' E. seven chains eighty-nine links; thence by the Depot under the Central Board of Health (now Crown lands) bearing S. 67° 15' E. one chain fourteen links; and thence by the Royal Park aforesaid bearing S. 66° 35' W. six chains, S. 83° 30' W. four chains, S. 3° 35' W. three chains, S. 77° W. three chains, and N. 42° 40' W. thirty-two links to the point of commencement.

Two roods thirty-five perches, county of Bourke, city of Melbourne:

Sch. 5

Commencing at a point bearing S. 89° 15' E. ten chains seventy-four links from the easternmost angle of the above-described site; bounded thence by the Royal Park bearing S. 89° 15' E. one chain thirty-eight links; thence by the Coburg Railway reserve bearing north-easterly five chains fourteen links; thence again by the Royal Park bearing N. 0° 40' E. two chains one link; and thence by the Depot under the Central Board of Health (now Crown lands) bearing S. 43° 15' W. seven chains fifty-three links to the point of commencement.

Preamble.

Sections 4, 5.

SIXTH SCHEDULE

Sch. 6 Pt 1 repealed by No. 4/2011 s. 14(4).

Sch. 6

PART II

Sch. 6

Land permanently reserved for Public Purposes by Order in Council of 12th December, 1932 (See "Government Gazette" of 14th December, 1932, page 2822).

Seventy-one acres, more or less, city of Melbourne, parish of Melbourne South, county of Bourke, being in the two portions containing fifty acres and twenty-one acres as coloured red and blue respectively on plan marked G/26.10.32 with Lands File C.80430, and being portions of the Domain comprised in the Government House Grounds.

PART III

Portion of the Land described in Part II of this Schedule.

Forty-two acres two roods five perches, more or less, city of Melbourne, parish of Melbourne South, county of Bourke:

Commencing at a point bearing N. 85° 33' W. ten chains fourteen and nine-tenths links, westerly eight chains forty-five and eight-tenths links in an arc of a circle whose centre lies twenty-five chains eighty-five links northerly,
N. 66° 48' W. one chain thirty and three-tenths links, north-westerly ten chains fifty-five and four-tenths links in an arc of a circle whose centre lies thirty-three chains eighty-five links north-easterly, N. 48° 56' W. ninety-seven and two-tenths links, N. 42° 32' W. two chains fifty links, N. 44° 29' W. forty-seven and five-tenths links, westerly ninety-four and four-tenths links in an arc of a circle whose centre lies fifty-four and three-tenths links southerly, and S. 35° 53' W. eighty-four and seven-tenths links, from the south-east angle of the Alexandra Park, permanently reserved by Order of 5th August, 1913, such angle being situated on the west side of Anderson-street; bounded thence by Alexandra Park bearing N. 61° 49' W. one chain seventy-four and eight-tenths links, N. 58° W. one chain eighty-five and six-tenths links, N. 59° 56' W. one chain and one-tenth of a link, N. 54° 54' W. two chains four and eight-tenths links, north-westerly three chains twenty-five and six-tenths links in an arc of a circle whose centre lies ten chains seventy links south-westerly, N. 0° 18' E. one chain eight and three-tenths links, north-westerly five chains thirty-two and one-tenth links in an arc of a circle whose centre lies six chains sixty links south-westerly, N. 45° 55' W. two chains twenty-two and five-tenths links, N. 43° 55' W. three chains twenty-four and one-tenth links, north-westerly one chain eighty-seven and three-tenths links in an arc of a circle whose centre lies four chains south-westerly, N. 70° 45' W. ninety-two links, westerly one chain sixty-three and two-tenths links in an arc of a circle whose centre lies two chains fourteen and five-tenths links southerly, south-westerly one chain ninety and four-tenths links in an arc of a circle whose centre lies seven chains sixty-four and seven-tenths links south-easterly, S. 51° 23' W. one chain nineteen and one-tenth links, south-westerly two chains forty-seven links in an arc of a circle whose centre lies four chains fifty links north-westerly, S. 82° 50' W. one chain twenty-nine and five-tenths links, south-westerly one chain ninety-four links in an arc of a circle whose centre lies one chain seventy-five links south-easterly, S. 19° 42' W. one chain twelve and three-tenths links, south-westerly seventy-one and nine-tenths links in an arc of a circle whose centre lies two chains north-westerly, S. 40° 19' W. one chain ninety-three and one-tenth links, south-westerly seventy-nine links in an arc of a circle whose centre lies one chain south-easterly, south-easterly three chains forty-two links in an arc of a circle whose centre lies six chains eleven links north-easterly, S. 37° 1' E. four chains thirty-one and eight-tenths links, S. 34° 20' E. two chains twelve and five-tenths links, south-easterly one chain seventy-nine and three-tenths links in an arc of a circle whose centre lies ten chains twenty-six links south-westerly, S. 24° 19' E. one chain seventeen and five-tenths links, southerly eighty-five and four-tenths links in an arc of a circle whose centre lies two chains twenty-three links

Sch. 6

westerly, south-easterly one chain sixty-one and five-tenths links in an arc of a circle whose centre lies two chains eight links north-easterly, south-westerly two chains forty-three and six-tenths links in an arc of a circle whose centre lies fifteen chains seventy-five links south-easterly, and S. 6° 40' W. thirty-four and five-tenths links; and thence by lines bearing respectively south-easterly four chains forty-four and four-tenths links in an arc of a circle whose centre lies three chains sixty-five and three-tenths links north-easterly and with chord bearing S. 34° 40' E. four chains seventeen and five-tenths links, S. 69° 31' E. eighty links, S. 70° 29' E. one chain, S. 66° 26' E. ninety-four and five-tenths links, S. 63° 27' E. ninety-nine and five-tenths links,
S. 62° 22' E. one chain, S. 61° 20' E. one chain, S. 60° 22' E. one chain, S. 59° 13' E. one chain, S. 57° 36' E. ninety-six and five-tenths links, northerly two chains eighty-nine and four-tenths links in an arc of a circle whose centre lies two chains easterly and with chord bearing N. 12° 44' W. two chains sixty-four and eight-tenths links, northerly seventy-four and one-tenth links in an arc of a circle whose centre lies one chain six links westerly and with chord bearing N. 8° 41' E. seventy-two and six-tenths links, N. 28° 43' E. eighty-four and five-tenths links, north-easterly seventy-five and two-tenths links in an arc of a circle whose centre lies eighty-two and six-tenths links north-westerly and with chord bearing N. 48° 55' E. seventy-two and six-tenths links, N. 22° 50' E. one chain twenty-six links, northerly one chain ninety-five and three-tenths links in an arc of a circle whose centre lies three chains sixty-six links westerly and with chord bearing N. 7° 33' E. one chain ninety-three links, north-easterly two chains thirty-eight and five-tenths links in an arc of a circle whose centre lies two chains seventy-two and nine-tenths links south-easterly and with chord bearing N. 17° 18½' E. two chains thirty-one links, N. 42° 21' E. five chains six links, easterly two chains fifty-four and seven-tenths links in an arc of a circle whose centre lies one chain fifty-eight links southerly, N. 44° 44' E. sixty-five and five-tenths links, and thence north-easterly three chains sixty-six and five-tenths links in an arc of a

Sch. 6

circle whose centre lies three chains fifty links north-westerly
and with chord bearing N. 69° 41' E. three chains fifty links to the point of commencement.

PART IV

Sch. 6

Portion of the Land described in the First Schedule to the Act No. 4139.

Thirty-seven acres two roods twenty-nine perches, more or less, city of Melbourne, parish of Melbourne South, county of Bourke:

Commencing at the junction of the north side of Domain-road and the west side of Anderson-street; bounded thence by Domain-road bearing N. 89° 39' W. thirty-seven chains twenty-nine links; thence by the reserve for the Shrine of Remembrance bearing N. 28° 58' W. six chains twenty-nine and nine-tenths links, N. 0° 21' E. two chains sixty-five and five-tenths links, N. 28° 58' W. three chains seventy-six and eight-tenths links, northerly one chain sixty-two and five-tenths links in an arc of a circle whose centre lies one chain fifty links easterly and with chord bearing N. 2° 4½' E. one chain fifty-four and seven-tenths links, N. 33° 7' E. sixty-six and two-tenths links, north-westerly one chain thirty-five and two-tenths links in an arc of a circle whose centre lies eighty-five and nine-tenths links south-westerly and with chord bearing N. 11° 58' W. one chain twenty-one and seven-tenths links, north-westerly four chains thirty-two and four-tenths links in an arc of a circle whose centre lies six chains sixty and six-tenths links north-easterly and with chord bearing N. 38° 18' W. four chains twenty-four and seven-tenths links, N. 19° 33' W. eighty-six and nine-tenths links, north-westerly eight chains thirty-nine and nine-tenths links in an arc of a circle whose centre lies sixteen chains eighty-nine and four-tenths links south-westerly and with chord bearing N. 33° 47½' W. eight chains thirty-one and two-tenths links, N. 48° 2' W. four chains eight and five-tenths links, and north-westerly three chains ninety-eight and two-tenths links in an arc of a circle whose centre lies eight chains thirty-five and six-tenths links north-easterly and with chord bearing N. 34° 23' W. three chains ninety-four and four-tenths links; thence by lines bearing respectively north-westerly two chains eighty-two and two-tenths links in an arc of a circle whose centre lies eight chains thirty-five and six-tenths links north-easterly and with chord bearing N. 11° 31/2' W. two chains eighty and nine-tenths links, south-easterly one chain eight and one-tenth links in an arc of a circle whose centre lies six chains fifteen and five-tenths links north-easterly and with chord bearing S. 82° 9' E. one chain eight links, S. 87° 11' E. thirty-four and one-tenth links, south-easterly four chains forty-four and four-tenths links in an arc of a circle whose centre lies three chains sixty-five and three-tenths links north-easterly and with chord bearing S. 34° 40' E. four chains seventeen and five-tenths links, S. 69° 31' E. eighty links, S. 70° 29' E. one chain, S. 66° 26' E. ninety-four and five-tenths links, S. 63° 27' E. ninety-nine and five-tenths links, S. 62° 22' E. one chain, S. 61° 20' E. one chain, S. 60° 22' E. one chain, S. 59° 13' E. one chain, S. 57° 36' E. ninety-six and five-tenths links, and S. 54° 11' E. two chains fifteen and five-tenths links; thence by the Observatory reserve bearing S. 42° 4' W. two chains five links, south-westerly one chain eighty-four and two-tenths links in an arc of a circle whose centre lies two chains south-easterly and with chord bearing S. 15° 40½' W. one chain seventy-seven and eight-tenths links, S. 10° 43' E. four chains fifty-four links, south-easterly three chains ninety-three and six-tenths links in an arc of a circle whose centre lies four chains fifty-six links north-easterly and with chord bearing S. 35° 26½' E. three chains eighty-one and four-tenths links, south-easterly one chain ninety-nine and eight-tenths links in an arc of a circle whose centre lies three chains forty-three and eight-tenths links north-easterly and with chord bearing S. 76° 49' E. one chain ninety-seven and one-tenth links, N. 85° 21' E. ninety-one links, north-easterly thirty and eight-tenths links in an arc of a circle whose centre lies sixty-eight and seven-tenths links north-westerly and with chord bearing N. 72° 29½' E. thirty and five-tenths links, N. 59° 38' E. one chain sixty-nine links, north-easterly one chain ninety-six and four-tenths links in an arc of a circle whose centre lies four chains twenty-four and seven-tenths links north-westerly and with chord bearing N. 46° 23' E. one chain ninety-four and seven-tenths links, and N. 33° 8' E.

Sch. 6

one chain eighty-six and five-tenths links; thence by lines bearing respectively easterly one chain nineteen and six-tenths links in an arc of a circle whose centre lies two chains sixty-four links northerly and with chord bearing S. 89° 41' E. one chain eighteen and six-tenths links, N. 77° 20' E. fifty-eight links, southerly two chains sixteen and two-tenths links in an arc of a circle whose centre lies fifteen chains sixty-one and two-tenths links westerly and with chord bearing S. 3° 36' E. two chains sixteen links, S. 0° 22' W. one chain, south-westerly two chains thirty-three and four-tenths links in an arc of a circle whose centre lies eleven chains seventeen and six-tenths links north-westerly and with chord bearing S. 6° 21' W. two chains thirty-three links, S. 26° 45' E. one chain twenty-two and four-tenths links, south-easterly one chain thirty-two links in an arc of a circle whose centre lies fifteen chains south-westerly and with chord bearing S. 53° 5' E. one chain thirty-two links, again south-easterly twenty-six and three-tenths links in an arc of a circle whose centre lies two chains eight and five-tenths links in an arc of a circle whose centre lies two chains eight and five-tenths links north-easterly and with chord bearing S. 54° 11' E. twenty-six and three-tenths links, S. 57° 48' E. two chains twelve and five-tenths links, south-easterly ninety-five and seven-tenths links in an arc of a circle whose centre lies four chains seventy links south-westerly and with chord bearing S. 51° 58' E. ninety-five and five-tenths links, S. 48° 8' E. two chains thirty-three and nine-tenths links, south-easterly two chains ninety-one and five-tenths links in an arc of a circle whose centre lies nine chains sixty-five and four-tenths links north-easterly and with chord bearing S. 54° 47' E. two chains ninety and four-tenths links, S. 63° 26' E. three chains twenty-three and five-tenths links, easterly five chains seventy-one and seven-tenths links in an arc of a circle whose centre lies nine chains seventy-eight and eight-tenths links northerly and with chord bearing S. 80° 10' E. five chains sixty-three and six-tenths links, N. 83° 6' E. three chains sixty-six and five-tenths links, N. 84° 29' E. one chain, N. 86° 5' E. one chain, N. 89° 2' E. ninety‑three and five-tenths links, S. 85° 54' E. one chain and half a link, S. 81° 19' E. one chain, S. 78° 11' E. one chain

Sch. 6

twenty-three links, S. 77° 13' E. forty and five-tenths links, S. 70° 59' E. one chain twenty-one and five-tenths links, and north-easterly four chains sixty-two links in an arc of a circle whose centre lies three chains forty-five and eight-tenths links north-westerly and with chord bearing N. 70° 45' E. four chains twenty-eight and five-tenths links; and thence by Anderson-street bearing S. 0° 13' W. four chains ninety-four and five-tenths links to the point of commencement.

Sch. 6

ENDNOTES

General Information

Endnotes

The Melbourne Market and Park Lands Act 1933 was assented to on 29 December 1933 and came into operation on 29 December 1933.

Table of Amendments

Endnotes

This Version incorporates amendments made to the Melbourne Market and Park Lands Act 1933 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Melbourne Market and Park Lands Act 1955, No. 5913/1955

Assent Date:	6.12.55
Commencement Date:	6.12.55
Current State:	All of Act in operation

Shrine of Remembrance Act 1978, No. 9167/1978

Assent Date:	3.10.78
Commencement Date:	3.10.78: s. 1(2)
Current State:	All of Act in operation

Crown Land (Reserves) (Amendment) Act 1984, No. 10144/1984

Assent Date:	13.11.84
Commencement Date:	13.11.84: s. 2
Current State:	All of Act in operation

Melbourne Lands and Market Sites Act 1991, No. 86/1991

Assent Date:	10.12.91
Commencement Date:	S. 5(2)(a)(b) on 17.6.92: Government Gazette 17.6.92 p. 1482—see Interpretation of Legislation Act 1984 and Government Gazette 10.6.92 p. 1440
Current State:	This information relates only to the provision/s amending the Melbourne Market and Park Lands Act 1933

Melbourne Market and Park Lands Act 1992, No. 20/1992[16]

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:	All of Act (except s. 9) on 15.6.94: s. 2(2); s. 9 on 30.6.92: s. 2(1)
Current State:	All of Act in operation

Shrine of Remembrance Amendment Act 2011, No. 4/2011

Assent Date:	29.3.11
Commencement Date:	S. 14 on 1.9.11: s. 2(2)
Current State:	This information relates only to the provision/s amending the Melbourne Market and Park Lands Act 1933

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Explanatory Details

Endnotes

Preamble: Supreme Court of New South Wales for the District of Port Phillip, Register of Grants No. 1 pages 21, 22. ↑
Preamble: See Government Gazettes 26 August 1881 page 2489 and
14 October 1881 page 2853. ↑
Preamble: Supreme Court of New South Wales for the District of Port Phillip, Register of Grants No. 1 pages 18, 19. ↑
Preamble: Supreme Court of Victoria, Register of Grants No. 1 pages 239, 240. ↑
Preamble: See Government Gazettes 20 October 1876 page 1934 and 24 November 1876 page 2158. ↑
Preamble: See Government Gazettes 24 February 1882 page 510 and 20 April 1882 page 904. ↑
Preamble: See Government Gazettes 8 February 1884 page 489 and 14 March 1884 page 745. ↑
Preamble: See Government Gazette 23 October 1885 page 2928. ↑
Preamble: See Government Gazette 25 October 1933 page 2732. ↑
Preamble: See Government Gazette 14 December 1932 page 2822. ↑
Preamble: See Government Gazettes 15 August 1873 page 1463 and 10 October 1873 page 1775. ↑
Preamble: Refer to section 5 of the Decimal Currency Act 1965, No. 7315/1965. ↑
Preamble: See note 12. ↑
Preamble: See Government Gazettes 3 July 1929 page 1906 and
31 July 1929 page 2755. ↑
Preamble: See note 12. ↑
Table of Amendments (Melbourne and Market and Park Lands Act 1992): Section 9 of the Melbourne Market and Park Lands Act 1992, No. 20/1992 reads as follows:

9 Amendment of Melbourne Market and Park Lands Act 1933

(1) For the purposes of this section the Minister may, by notice published in the Government Gazette, appoint a day, being a day on or after the day on which a Crown grant including all the land described in certified plan No. 110853 has been issued but not later than 90 days after the issue of that Crown grant.

(2) On the appointed day, the Melbourne Market and Park Lands Act 1933 is amended as follows:

(a) in section 4, subsection (2) is repealed;

(b) in section 4(5) paragraph (a) is repealed.

An "appointed day" for the purposes of section 9 has not been published in the Government Gazette. ↑

1 Melbourne Market and Park Lands Act 1933

Version No. 002

Melbourne Market and Park Lands Act 1933

No. 4184 of 1933

Version incorporating amendments as at
1 September 2011

table of provisions

Section Page

1 Short title 7

2 Definition 7

3 Revocation of Orders in Council and Crown grants 8

4 Appointment of council of city of Melbourne as committee of management of certain lands 9

5 Council to give receipt—Treasury Gardens 12

6 As to conditions of lease of land described in the Fourth
Schedule 12

7 No liability to attach to Crown 12

8 Corporation of City of Melbourne to be committee of management 13

SCHEDULES 14

SCHEDULE 1—Repealed 14

SCHEDULE 2 14

SCHEDULE 3 16

SCHEDULE 4 16

SCHEDULE 5 18

SCHEDULE 6 23

ENDNOTES 30

General Information 30
Table of Amendments 31
Explanatory Details 32

Version No. 002

Melbourne Market and Park Lands Act 1933

No. 4184 of 1933

Version incorporating amendments as at
1 September 2011

Preamble

WHEREAS by a Crown grant bearing date the fourth day of November One thousand eight hundred and forty-six and enrolled in the Supreme Court of New South Wales for the District of Port Phillip in the Register of Grants number one pages 21 and 22 the land described in Part I of the First Schedule to this Act was granted to the mayor aldermen and councillors of the town (now city) of Melbourne as a site or place for a general market:

The Act uses a small set of legal instruments and administrative controls. Understanding those concepts is necessary to trace who decides and who pays.

Revocation of Crown grants and Orders in Council (s. 3): the legislature itself cancels historical reservations and grants identified in the preamble and Schedules. The mechanism is statutory revocation, which requires corresponding title record changes by the Registrars (s. 3(8)). That alters legal estates held under Crown grant or reservation.
Reservation and temporary reservation (s. 3(6), s. 4): under the Land Acts framework, land may be reserved permanently or temporarily for public purposes. The Act authorises the Governor in Council to temporarily reserve the Third Schedule land for public gardens (s. 3(6)). Once reserved, the Act contemplates management under the Crown Land regime.
Committee of management (s. 4, s. 8): the Act appoints the City of Melbourne council, and following later amendments in 1984 the "corporation" in certain circumstances, as committee of management of specified lands. The legal concept is a statutory delegation of management responsibilities to a local public body, subject to Ministerial oversight. The appointment is by Order in Council published in the Government Gazette (s. 4(1)-(4)).
Ministerial satisfaction standard (s. 4(1)-(4)): the council is required to "improve and maintain" lands "to the satisfaction of the Minister". That phrase creates an administrative oversight point: the Minister evaluates the standard of works and maintenance. The Act imposes no rigid technical specification; compliance is judged against the Minister's satisfaction.
Use of town fund for maintenance (repeated in s. 4): the Act identifies the town fund as the specified funding source for the maintenance obligations. The Act declares town fund moneys to be available for the purpose. Therefore maintenance payments fall to local government budgeting processes and financial decision‑making by the council/corporation.
Lease and disposal powers (preamble): the preamble states the corporation is to be empowered to "demise the said lands in whole or in part for any term or terms not exceeding in any case twenty‑one years". That limit functions as a statutory maximum for nonpermanent leasing of municipal lands under the Act. The operative body of the Act does not reprint the power as an express numbered section; nevertheless the preamble expresses the legislative intention and should be read alongside the operative sections and later amending Acts.
Deeming provisions and discharge (s. 5(b); s. 6): the Act contains deeming language that the Treasurer has performed covenants under the 1933 lease (s. 6), and requires the council to give a complete discharge from liability under the Treasury Gardens agreement (s. 5(1)(b)). Those clauses shift legal obligations and extinguish potential future claims between the State and council in respect of those instruments.
No compensation provision (s. 7): the Act provides that, save as otherwise expressly provided, no person or body shall receive from the Crown any money, consideration or compensation arising out of anything done under the Act. That is an express statutory bar on compensation claims against the Crown consequent on the Act's operation.
Cross‑reference to other statutes (s. 4(5)(a); s. 8): the Act incorporates elements of the Land Act 1928 and, after later amendments, interfaces with the Crown Land (Reserves) Act 1978 and the Shrine of Remembrance Act 1978. The operational effect depends on the state of those other statutes at the time a Governor in Council appointment is made.
Schedules as defining instruments: the First through Sixth Schedules contain particular parcel boundaries and reservation histories. Those schedule descriptions are technical cadastral descriptions that determine the Act's geographic and proprietary scope.

Together, these concepts mean the Act is primarily allocative and administrative in effect: it reallocates title and reservation status, sets management regimes under local government control, allocates funding responsibility to the town fund, and extinguishes certain State obligations by deeming performance and prohibiting compensation.

The Act’s provisions identify a bounded set of public actors and private interests that are affected in concrete ways.

The council of the City of Melbourne and the Corporation of the City of Melbourne: the council is the primary addressee of management duties. Once appointed by Governor in Council under s. 4, the council must "improve and maintain" the relevant lands using town fund monies. Section 8 further provides that following the Crown Land (Reserves) (Amendment) Act 1984 the corporation may be deemed the committee of management and assume the powers and duties of the council. The formal identity that carries management obligations therefore may be either the council or the corporation depending on the statutory timeframe and amendments (s. 4; s. 8).
The Minister (Minister responsible for Crown lands): the Minister is given an oversight role. Maintenance and improvement obligations are measured "to the satisfaction of the Minister" (s. 4(1)-(4)), creating a direct evaluative role for the Minister in approving the local body's works and upkeep.
The Governor in Council: the Governor in Council makes the critical appointments and may exercise reservation powers under the Land Acts in accordance with the Act (s. 3(6); s. 4(1)-(4)). The requirement that appointments be made by Order published in the Government Gazette creates an administrative procedure and record.
The Treasurer of Victoria: the Treasurer is the contracting party in the 1933 lease to the Royal Australasian College of Surgeons and is the party whose covenants are deemed performed by s. 6. The Treasurer also had prior covenanting obligations in that lease to provide and maintain public gardens on the Fourth Schedule land; s. 6 states the Treasurer is "deemed to have fully and completely performed" those covenants as at commencement.
Trustees holding Crown grants for public parks: the Act contemplates surrender by trustees of lands described in Parts I-III of the Fifth Schedule, upon which such lands will become Crown lands (s. 3(7)). That directly affects trustees who hold parkland grants and who may be required to effect a surrender under the Act’s process.
The Registrar of Titles or Registrar‑General: tasked with making entries on enrolments and records of Crown grant revocations when produced with duplicates by the corporation or trustees (s. 3(8)). The Acts operationally instruct registrars to alter documentary title records to give effect to revocations and reservations.
Existing lessee: the Royal Australasian College of Surgeons is named in the preamble as the lessee under the 1933 lease over the Fourth Schedule land. The Treasurer’s deeming of performance of covenants (s. 6) affects the legal position between the lessee and the State.
Users of public streets and gardens and the general public: the deemed widening of Little Flinders‑street (s. 3(4)) and the temporary reservation of public gardens affect public access and the status of land used for streets and open space. The management responsibilities assigned to local government define who maintains amenity that users rely on.
Parties who might claim compensation: s. 7 removes a source of entitlement to receive compensation from the Crown for anything done under this Act. That affects any person or body who would otherwise have a claim arising from revocation of grants, surrenders, or reservation changes.
Departments and bodies responsible for urban infrastructure: the Act refers to reticulated piping and drainage as prerequisites before some Governor in Council appointments may be made (s. 4(4)). Those infrastructure deliverers will be involved operationally.

In short, the burden of carrying out the Act’s maintenance and improvement obligations falls on local government funded from the town fund. The Governor in Council and Minister retain decisive authority over appointments and approval. Trustees and registries must give effect to surrender and title changes. The Treasurer’s obligations under earlier leases are statutorily adjusted by s. 6. Persons who might have sought compensation are expressly barred by s. 7.

The Act confers a small set of enforceable powers and imposes administrative duties. These are the operational rights and duties to note.

Duties imposed on the council/corporation

Improve and maintain lands: after the Governor in Council appoints the council as committee of management, the council "shall with moneys provided out of the town fund ... improve and maintain the said land to the satisfaction of the Minister" (s. 4(1)). The same obligation applies for the Fourth Schedule lands once the Treasurer has laid out public gardens, and for the Fifth and Sixth Schedule lands when the requisite prerequisites (surrenders, laying out and reticulation) are done (s. 4(2)-(4)). The duty is both operational and financial because the funding source is the town fund.
Use town fund moneys: the Act expressly declares the town fund be available for the maintenance duties (s. 4(1)-(4)). That converts maintenance into a budget line within local government financing rules.
Give a full discharge for Treasury Gardens agreement: s. 5(1)(b) requires the council to "forthwith give to the Government a full and complete discharge from any liability under the ... agreement relating to the ... Treasury Gardens". That is an actionable direction to execute a release in favour of the Crown.

Statutory powers

Appointment as committee of management: the Governor in Council may appoint the council as committee of management by Gazette Order once the relevant preconditions are met (s. 4(1)-(4)). That confers management powers on the council under the Crown Land regime. The Act also provides for the corporation to be deemed to be committee of management in the post‑1984 Crown Land reform context (s. 8).
Power to lease municipal lands for up to 21 years: although presented in the preamble rather than as a numbered section, the statute records that the corporation shall be empowered to demise the lands "for any term or terms not exceeding in any case twenty‑one years". That imposes a statutory ceiling on nonpermanent leases of the lands described.
Registrar actions: the Registrar of Titles or Registrar‑General is "authorized and directed to make any necessary entries on the enrolments of record of the Crown grants" upon production of duplicates by the corporation or trustees (s. 3(8)). That is an operational right to alter title records to reflect revocations or surrenders.

Deeming and extinguishment effects

Deeming of Little Flinders‑street as a public street: s. 3(4) declares the specified land is for all purposes a public street. That confers the legal status and consequential rights and obligations that attend a public street without further dedication.
Deeming of Treasurer’s performance (s. 6): the Treasurer "shall for all purposes be deemed to have fully and completely performed" his covenants under the lease of 4 July 1933 concerning Fourth Schedule land. That extinguishes an outstanding State liability and changes the rights of the lessee and the State retrospectively as of commencement.
No compensation right against the Crown (s. 7): "save as otherwise expressly provided" no person or body shall receive from the Crown money or compensation arising out of any act under this Act. That removes an expectation of payment in relation to the revocations and management changes.

Ministerial discretion and oversight

Satisfaction standard: the Act conditions the council’s duty on works being to the "satisfaction of the Minister", thereby importing an administrative discretionary threshold. The Minister has evaluative control over whether the council’s performance meets statutory expectations (s. 4(1)-(4)).

Interaction with other statutes

Land Act treatment: s. 4(5)(a) directs that certain sections of the Land Act 1928 be read as if the Fourth Schedule land were permanently reserved for public garden purposes and the council appointed committee of management under the Land Act framework. That confers on the council the procedural and substantive regime of the Land Act for those parcels. Section 8 aligns committee of management appointments with the Crown Land (Reserves) Act 1978 regime after 1984 amendment.

Rights retained or removed

Public rights of way and park access follow from statutory reservations and the deemed street status in s. 3(4) and s. 3(6) temporary reservation for gardens. The Act does not create private proprietary rights in favour of third parties beyond those in pre‑existing leases, except as altered by the deeming and revocation provisions.
Parties who might have had compensation claims are, subject to express exceptions, deprived of compensation against the Crown by s. 7.

In summary, the Act reassigns management duties (financial and operational) to local government, leaves oversight to the Minister, places limits on lease durations in the preamble, alters the legal status of specific parcels through revocation and reservation, and forecloses compensation claims against the Crown in respect of these statutory acts.

The Act does not create novel criminal sanctions or a schedule of monetary penalties. Enforcement is administrative and civil in character. The principal enforcement mechanisms and practical compliance levers are as follows.

Administrative enforcement via Ministerial satisfaction

The chief operational compliance mechanism is the Ministerial satisfaction requirement in s. 4(1)-(4). The Minister evaluates whether the council's improvements and maintenance meet statutory standards. Failure to obtain the Minister's satisfaction will impede the council's ability to complete the statutory appointment process consequences and may expose the council to direction or further administrative intervention under the Land Acts or Crown Land (Reserves) Act mechanisms that govern committees of management.

Governor in Council appointment and Gazette publication

The Governor in Council makes appointments by Order published in the Government Gazette (s. 4(1)-(4)). The public record of appointment enables administrative review and creates an evidentiary trail for enforcement actions or oversight.

Registrar of Titles actions

The Registrar of Titles or Registrar‑General is directed to make necessary entries on enrolments in the Crown grant records upon production of duplicate documents by the corporation or trustees (s. 3(8)). The registrar’s compliance is the mechanism that gives effect to revocation and surrender in the land records; if the registrar does not act, title inconsistency and disputes may arise.

No express criminal sanctions

The Act contains no express offences, pecuniary penalties or enforcement provisions such as injunctive relief clauses. The remedial posture is administrative: requiring steps, deeming performance, and directing registrars. Rights to seek judicial remedies for noncompliance are not enumerated in the Act itself. Enforcement therefore will proceed via the administrative apparatus of the Minister, Governor in Council and registries, and by civil legal processes where necessary.

Effect of s. 7 on disputes

Section 7 removes an entitlement to monetary compensation from the Crown "save as otherwise expressly provided". The practical effect is to limit remedies available to affected parties. An affected party seeking redress for changes made under the Act cannot, as a general rule, obtain payment of compensation under the Act itself. That changes the litigation posture available to claimants; remedies may be limited to judicial review of administrative decisions or contract law claims against other parties rather than statutory compensation.

Potential for judicial review and civil action

Although the Act contains no penalties, administrative decisions it authorises (appointments, satisfaction assessments, reservation decisions) are the type that commonly fall within the scope of public law review. The Act’s imposition of duties on the council, its conferral of discretion on the Minister, and the Governor in Council's role in appointments create decisions that, if exercised unlawfully, could be subject to judicial review or civil litigation. The Act does not itself create a private right to claim relief in court for every breach; the availability and form of judicial remedies will depend on general administrative and property law principles outside the Act.

Practical enforcement levers

Budget control: the town fund is the declared funding source for works. Financial control over the town fund and the council’s budgetary process is therefore a practical lever for ensuring performance.
Registrar entries and title certainty: until the registrar makes the entries requested by s. 3(8), the title position remains unsettled. That creates an implementation bottleneck that can be used to enforce compliance with the Act’s procedural preconditions.

In sum, the Act’s enforcement picture is administrative rather than penal. Compliance is policed through ministerial oversight, Gazette‑based appointments, registry entries, and the financial constraints of the town fund. Section 7 narrows the pool of monetary remedies available against the Crown, making administrative and judicial review routes the most relevant enforcement avenues for third parties.

The Act is explicitly drafted to cross‑operate with multiple other statutes and historic instruments. The interplay matters to implementation and to who decides under which statutory framework.

Interactions expressly provided in the Act

Land Acts and Land Act 1928: section 4(5)(a) directs that section 182 and subsections (2)-(5) of section 183 of the Land Act 1928 "shall be read and construed and have effect as if the said land were reserved from sale permanently for the purposes of a public garden and the said council were appointed to be a committee of management thereof under subsection (1) of the last‑mentioned section." That cross‑read brings the Land Act’s administrative regime, procedural safeguards and definitions into play for the Fourth Schedule land.
Crown Land (Reserves) Act 1978 and its amendment: s. 8 expressly links committee of management appointments under this Act with the Crown Land (Reserves) Act 1978. It declares that where the council was committee of management immediately before commencement of s. 7 of the Crown Land (Reserves) (Amendment) Act 1984, on commencement the council ceases and the corporation becomes committee of management and is deemed to have been appointed under s. 14 of the Crown Land (Reserves) Act 1978. Therefore the Crown Land (Reserves) Act 1978 becomes the governing statute for committees of management after 1984 in certain cases (s. 8).
Shrine of Remembrance Act 1978: s. 4(4) excludes "the reserved land within the meaning of the Shrine of Remembrance Act 1978" from parts of the Sixth Schedule appointment and management regime. That Act defines reserved land for the Shrine and therefore constrains which parts of the Sixth Schedule land the council will manage under this Act.
Historic Crown grants and Orders in Council: the Act explicitly revokes certain Orders in Council and Crown grants referred to by date and instrument in the preamble and Schedules (s. 3(1)-(2)). The Act requires the Registrar to update title enrolments (s. 3(8)). Those interactions are transactional: the statute operates to alter feudal‑style Crown grant instruments and to reallocate the legal status from privately granted or trustee‑held parcels to Crown or municipal reservations.

Amendments and staged interactions

Melbourne Market and Park Lands Act 1992: the endnotes record that the 1992 Act (No. 20/1992) contains a section 9 authorising the Minister to appoint an "appointed day" on or after issuance of a Crown grant including the land in certified plan No. 110853, and that on the appointed day specified amendments (e.g. repeal of s. 4(2)) are to occur. The endnote also states no appointed day has been published to date. Practitioners must therefore check whether the Minister has published any appointed day before relying on the 1933 text (see Explanatory Details endnote 16).
Land (Revocation of Reservations) Act 1994 and other amendments: the Table of Amendments in the endnotes lists the principal amending Acts and the sections they affected. Several subsections of s. 3 and parts of the Schedules have been repealed by later Acts (endnotes Table of Amendments). For example, Sch. 1 was repealed by No. 55/1994. The point for implementers is to work from the consolidated version and the endnotes to identify which schedule parts remain in force.

Consequential property and contract law interactions

Leases and covenant performance: the deeming in s. 6 that the Treasurer "shall for all purposes be deemed to have fully and completely performed" covenants under the 1933 lease has contract and property consequences. It alters the State’s exposure under that lease and affects the rights of the lessee. That interaction will affect contract claims, duties to provide and maintain gardens, and any linked rights to compensation or rectification.
Street status and local government law: the widening and deeming of Little Flinders‑street as a public street (s. 3(4)) interacts with local government responsibilities for roads, road maintenance statutes and any by‑laws about use of streets. That statutory deeming will confer rights of public vehicular and pedestrian access and place maintenance obligations on the relevant authority under the local road framework.

Registries and land‑title operation

Registrar entries (s. 3(8)) interact with land title system procedures and the practical mechanics of giving effect to statutory revocations. The registries act as the operational mechanism whereby revocations, surrenders and new reservations become visible in title records. Practitioners must therefore work with the Registrar of Titles or Registrar‑General when implementing the Act.

Net effect

The Act does not operate in isolation. It must be read together with the Land Act 1928 in respect of certain parcels, the Crown Land (Reserves) Act 1978 in respect of management appointments after 1984, and the Shrine of Remembrance Act regime for parts of the Sixth Schedule. Amendments since 1933 have altered some operative subsections and schedules. For practical purposes, implementing bodies must check the current consolidated text and relevant Gazette notices to confirm whether later amending provisions and appointed days have changed how the 1933 Act operates in a given case.

The Act has been subject to multiple amendments and some repeals. The Endnotes provide a concise serial history of amending Acts and their commencement dates. The amendments to note, with their stated effects in the endnotes, are the following.

Melbourne Market and Park Lands Act 1955, No. 5913/1955: assented 6 December 1955 and commenced same day. The endnotes note that all of the Act was in operation. The 1955 Act appears as the first listed amendment in the Table of Amendments (Endnotes).
Shrine of Remembrance Act 1978, No. 9167/1978: assented 3 October 1978 and commenced 3 October 1978 (s. 1(2)). The endnotes record it as an amending instrument to the 1933 Act.
Crown Land (Reserves) (Amendment) Act 1984, No. 10144/1984: assented 13 November 1984 and commenced 13 November 1984 (s. 2). Section 8 of the 1933 Act was inserted by No. 10144 s. 7 in consequence of Crown land reserve regime reform. Section 8 reassigns committee of management status from the council to the corporation where relevant (s. 8).
Melbourne Lands and Market Sites Act 1991, No. 86/1991: assented 10 December 1991. The commencement and specific subsections affected are recorded in the Endnotes. Notably, s. 5(2)(a) and s. 5(2)(b) of the 1933 Act were amended by the 1991 Act; some of these amendments were later repealed.
Melbourne Market and Park Lands Act 1992, No. 20/1992: assented 16 June 1992 and commenced 16 June 1992 (s. 2). Endnote 16 reproduces s. 9 of the 1992 Act, which provides for an "appointed day" to be published by the Minister that, if set, would trigger the repeal of (among other things) s. 4(2) and s. 4(5)(a) of the 1933 Act. The endnote also states that an appointed day has not been published for section 9 purposes, so those repeals have not been activated under that mechanism as at the date of the consolidated version.
Land (Revocation of Reservations) Act 1994, No. 55/1994: assented 15 June 1994 and commenced 15 June 1994 (with s. 9 commencing 30 June 1992). The endnotes record that several provisions and parts of the Schedules were repealed by No. 55/1994. For example, Sch. 1 was repealed by No. 55/1994 s. 6.
Shrine of Remembrance Amendment Act 2011, No. 4/2011: assented 29 March 2011 and s. 14 of that amending Act commenced 1 September 2011. The Endnotes note that s. 14 affected provisions of the 1933 Act (for example s. 4(4) and s. 4(5)(b) were modified, and later some parts repealed).

Documented repeals and modifications in the consolidated text

Several subsections are shown in the text as having been amended and later repealed. For example s. 3(3) was amended by No. 86/1991 s. 5(2)(a) and later repealed by No. 55/1994 s. 6. Similarly s. 3(5) and parts of s. 4(5) were amended and some paragraphs repealed by No. 4/2011 s. 14 and other instruments. The Schedules themselves have parts removed or repealed; the consolidated text marks those repeals.

Practical reading points

The Endnotes emphasise that some amending provisions are staged. The Melbourne Market and Park Lands Act 1992 required the Minister to publish an appointed day for certain repeals to take effect; no appointed day has been published according to the explanatory details. Practitioners must therefore verify the current status of any subsection or Schedule before acting. The consolidated version of the Act as presented incorporates amendments as at 1 September 2011, but the registered endnotes must be checked for later changes.
The 1984 Crown Land amendments produced a structural shift in committee of management administration, formalised in s. 8. The 2011 Shrine amendments also modified how parts of the Sixth Schedule are treated.
The preamble references to monetary amounts (for example the $1,000 annual contribution to the Shrine or the $20,000 under the Melbourne General Market Lands Act 1917) are repeated in endnotes with references to the Decimal Currency Act 1965 for currency conversion notation. Those references are legislative context but practitioners should not assume the preamble alone creates an enforceable amending obligation; one must read the operative sections for express duties.

In short, the 1933 Act has been modified on multiple occasions. The endnotes list the amending instruments, their assent and commencement dates, and identify which discrete provisions were changed or repealed. Anyone implementing or litigating under the Act should consult the consolidated text and the relevant Gazette notices to confirm which amendments are in force and whether any appointed days or Gazette orders affecting the Act have been made.

The text of the Act and its endnotes do not record any decisions or litigation arising under the Act. The Act itself names no reported cases and the Endnotes do not refer to judicial determinations. The consolidated text therefore contains no litigation history within the source provided.

That said, the Act’s structure identifies points where dispute and litigation commonly arise in analogous statutory frameworks. Those are the areas where litigation or judicial review would be the likely mechanism for resolving disagreement, although the Act does not itself provide a catalogue of historical cases.

Ministerial satisfaction and judicial review: s. 4 makes the council’s performance contingent on the Minister's satisfaction. Administrative decisions that hinge on a Minister's satisfaction standard are the type that may give rise to judicial review proceedings if an aggrieved party alleges procedural unfairness, irrationality, or jurisdictional error in the Minister's exercise of discretion. The Act does not specify judicial remedies but does not preclude recourse to courts under general public law principles.
Registrar actions and title disputes: s. 3(8) requires the Registrar of Titles or Registrar‑General to make necessary entries on enrolments. Disputes about whether revocations, surrenders and enrolment entries have been correctly made can generate title litigation in Victoria’s land courts or the Supreme Court. The Act does not provide a specific statutory appeal route for such registrarial decisions; ordinary judicial processes and land title procedures would govern.
Contract and covenant disputes: s. 6 deems the Treasurer to have performed covenants under a 1933 lease. That deeming may have been introduced to prevent litigation by the lessee or other parties claiming nonperformance. If parties nonetheless asserted claims arising before the deeming took effect, the legal question would turn on the documentary text of the lease and the effect of the statutory deeming. The Act’s deeming language itself is definitive within its terms; any litigation would need to address whether the statutory deeming displaced pre‑existing rights.
Compensation claims: s. 7 provides that, save as expressly provided, no person or body is entitled to receive compensation. That bar compresses the class of potential litigants seeking monetary remedies from the Crown under this Act. Where a claimant alleges that s. 7 is inconsistent with other statutory or common law rights, litigation could address interpretation and the permissible scope of statutory compensation prohibition, but the Act’s text is clear on its face.
Practical note on absent litigation record: because the consolidated source does not list litigation, practitioners wishing to know whether the Act has been the subject of litigation must consult external legal databases, reported decisions, and unreported litigation materials. The Act’s administrative features, interface with the Land Act 1928 and Crown Land (Reserves) Act 1978, and the land title registry changes it requires are the usual flashpoints for disputes.

In sum, the Act’s own text contains no litigation history. The structural features of the Act point to administrative decision‑making, registrarial actions and contract rights as the natural habitats for disputes. Absent additional research beyond the Act text and endnotes, no judgments or cases can be cited from this source.

The Act contains several implementation traps and textual quirks that can produce unexpected legal or practical effects. These are items to flag for clients, counsel and officials.

Preamble statements versus operative sections

Several important policy statements are set out in the preamble rather than as standalone operative sections. For example, the preamble records that the corporation "should be empowered to demise the said lands in whole or in part for any term or terms not exceeding in any case twenty‑one years". That appears as legislative intent in the preamble but is not repeated verbatim as a separate operative numbered section. Practitioners must therefore check whether the preamble statement has been translated into operative delegations elsewhere or by subsequent amending Acts before relying on it as authority for lease terms.

Ministerial satisfaction is open‑ended

The maintenance duty is to be discharged "to the satisfaction of the Minister" (s. 4(1)-(4)). The Act contains no objective performance standard, technical specification or statutory timetable. That gives the Minister broad evaluative discretion and creates uncertainty for budgeting and project delivery. A council should not assume that compliance with a particular works program will automatically meet the Minister’s view of satisfaction.

Funding source confined to the town fund

The Act directs that maintenance be met "with moneys provided out of the town fund" (s. 4). That constrains the funding source and requires the council to prioritise town fund allocations. If the town fund is already committed or subject to competing statutory constraints, the council’s ability to perform may be practically constrained.

Deeming of Treasurer’s performance

Section 6 deems the Treasurer to have fully performed covenants under the 1933 lease. That extinguishes a potential State liability and may impact the lessee’s remedies. Stakeholders who expect to rely on Treasury‑level covenant enforcement should be aware the statutory deeming is retrospective as at commencement and alters the legal posture.

No compensation from the Crown

Section 7 bars compensation claims "(save as otherwise expressly provided)". That is a broad bar. Parties who suffer loss because of revocations, surrenders or changed management regimes cannot look to the Crown for compensation under the Act unless there is an express exception. The exception list is narrow.

Registered title changes require documentary production

Section 3(8) directs registries to make enrolment entries when the corporation or trustees produce duplicates of the cancelled Crown grant documents. If duplicates are not available, registrars may be unable to make required changes, creating title uncertainty. Practitioners must ensure duplicates and correct documentary evidence are produced to the Registrar of Titles or Registrar‑General.

Staged amendments and appointed days

The Melbourne Market and Park Lands Act 1992 contains an "appointed day" mechanism that has not been triggered in the consolidated text. Accordingly, some textual repeals in the 1992 Act may not yet have taken effect. Users must check Gazette notices to confirm whether an appointed day has been declared.

Schedules are technical and partially repealed

The Schedules contain detailed metes and bounds descriptions. Some schedule parts have been repealed by later Acts (for example Sch. 1 repealed by No. 55/1994). Implementers must check which schedule entries remain operative and ensure cadastral plans match updated register entries.

Committee of management identity shifts

Section 8, inserted by the 1984 Crown Land amendments, moves committee of management status from the council to the corporation in certain preexisting appointment situations. That creates a governance change for management responsibilities and may affect procurement, contracting and liability allocations under local government law.

Absence of express enforcement penalties

Because the Act does not create express penalties, remedies for nonperformance are administrative or civil. A failure to perform may not attract immediate statutory fines but can give rise to political, reputational and legal consequences. Parties should plan for administrative escalation routes.

Each "gotcha" arises from a specific clause: s. 4(1)-(4) for ministerial satisfaction and town fund funding; s. 3(8) for registrations; s. 6 and s. 7 for deeming and compensation bar; s. 8 for committee of management identity; the endnotes for amendment timing. Practitioners should treat the preamble statements cautiously, verify the current consolidated text and Gazette notices, and ensure documentary completeness before initiating title or management changes.

This section sets out practical actions for the principal actors named in the Act, rooted in the operative text and steps necessary to implement its requirements.

For the City of Melbourne council/corporation (management duties)

Budget and town fund allocation (s. 4(1)-(4))

Include maintenance and improvement costs for the relevant Schedules in the town fund budget process. The Act requires that costs be met from the town fund, so budget appropriation and source documentation are essential to demonstrate legal compliance. Prepare multi‑year budgets for ongoing maintenance to account for the Minister’s satisfaction requirement.

Prepare works specifications tied to Ministerial expectations (s. 4)

Produce technical maintenance and improvement plans and submit them to the Minister for approval or assessment. Because the statutory standard is the Minister's satisfaction, provide objective benchmarks, inspection plans and an acceptance protocol to reduce the risk of disputes about sufficiency.

Obtain Orders in Council and Gazette publication (s. 4(1)-(4))

Coordinate with the Department administering Crown lands to ensure that the Governor in Council appointment is made and published in the Government Gazette. Do not assume rights or obligations arise until the Gazette Order is published.

Execute discharge for Treasury Gardens (s. 5(1)(b))

Prepare and execute the "full and complete discharge" document required by s. 5(1)(b) and lodge it with the Government. Retain evidence of delivery and acceptance.

Manage lease powers carefully (preamble)

If offering leases of municipal lands, ensure terms do not exceed the 21‑year maximum stated in the preamble unless subsequent operative authority has been provided by amendment. Cross‑check the current consolidated legislation and any amending Acts that may have modified leasing powers.

For the Treasurer/State departments

Record of deeming of performance (s. 6)

Maintain formal records evidencing the legislative deeming that the Treasurer has performed covenants under the 1933 lease. Confirm with the lessee any residual administrative steps needed to reconcile records and avoid duplicate claims.

Provide reticulated water and drainage prerequisites (s. 4(4))

Before the Governor in Council appoints the council as committee of management for parts of the Sixth Schedule, ensure the necessary works (water reticulation and drainage) are in place as specified. Document compliance so the appointment process can proceed.

For trustees surrendering land (s. 3(7))

Prepare surrender instruments

Trustees of parts I-III of the Fifth Schedule should prepare legal instruments of surrender to His Majesty as contemplated by s. 3(7). Ensure the surrender is executed in the form acceptable to the Department of Land and Survey.

Produce duplicates for Registrar action (s. 3(8))

Once surrender is executed, deliver the duplicates of the Crown grants to the Registrar of Titles or Registrar‑General to prompt the necessary enrolment entries as directed by s. 3(8).

For the Registrar of Titles / Registrar‑General (s. 3(8))

Entry on enrolments

When presented with duplicates by the corporation or trustees, make the entries on enrolments of record in accordance with s. 3(8). Establish an internal checklist to ensure enrolment changes correctly reflect revocation, surrender, reservation and any new grant status.

Cross‑agency coordination and record keeping

Gazette and appointment monitoring: all actors must monitor the Government Gazette for Orders in Council and any appointed days (notably the 1992 Act’s appointed day mechanism). Do not act on assumed repeals until Gazette publication is confirmed.
Cadastral verification: before works or leases begin, verify that cadastral boundaries in the Schedules match current plans and the certificate of title description. Some schedule parts have been repealed; check the consolidated text and the land registry.
Documentation trail: for each step , discharge execution, Treasurer’s covenant records, surrender instruments, appointment Orders, and registrar enrolments , keep certified copies, timestamps of Gazette publication, and ministerial correspondence to create an evidential paper trail.

Legal and risk management steps

Seek legal confirmation for lease power reliance: because the preamble contains the 21‑year lease ceiling but the operative sections do not restate it, obtain counsel confirmation whether a proposed lease falls within authorised powers or whether further statutory authority is required.
Treat s. 7 as a bar to compensation claims: where third parties seek compensation, refer to s. 7. Prior to any land change that affects private interests, consider negotiation or contractual release instruments because statutory compensation is not generally available under the Act.
Anticipate administrative review: where critical decisions pivot on the Minister's satisfaction, prepare administrative records, inspection reports and decision‑making matrices so decisions are defensible if subject to review.
Confirm corporate identity for committee of management: apply s. 8 to establish whether the council or the corporation is the legally designated committee of management in your specific timeframe. That affects contracting authority and statutory compliance obligations.

In short, compliance requires administrative sequencing: ensure prerequisites (laying out gardens, water and drainage works, surrenders) are completed; secure Gazette Orders; budget town fund allocations; maintain detailed ministerial and registry records; and ensure leases and disposals stay within permitted terms. Each compliance step derives directly from the statutory language in s. 3, s. 4, s. 5, s. 6 and s. 8 and the Schedules.

Melbourne Market and Park Lands Act 1933

Plain English Summary

Deep Dive

What it does

Current sections

Melbourne Market and Park Lands Act 1933

Source text: opening excerpt

1 Melbourne Market and Park Lands Act 1933

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply