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SCHEDULE 1—Repealed 14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.
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. ↑