Victorian Legislation and Parliamentary Documentsi
Version No. 001
Melbourne Market and Park Lands Act 1992
Act No. 20/1992
Version as at 6 July 1999
TABLE OF PROVISIONS
Section Page
Purposes 1
Commencement 2
Revocation of reservations 2
Consequences of revoking reservations 2
Sale of site 2
Entitlement to Crown grant 4
Historic Buildings Act not affected 4
Agreements for access to and maintenance of the gardens 4
Amendment of Melbourne Market and Park Lands Act 1933 5
What if the land is not sold? 5
No compensation payable by Crown 6
Supreme Court—limitation of jurisdiction 6
SCHEDULE—Land in respect of which the reservations are revoked 7
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ENDNOTES 8
General Information 8
Table of Amendments 9
Explanatory Details 10
Victorian Legislation and Parliamentary Documents1
Version No. 001
Melbourne Market and Park Lands Act 1992
Act No. 20/1992
Version as at 6 July 1999
Preamble
Land in Spring Street, Melbourne is occupied in
part by the Royal Australasian College of
Surgeons, and other parts of that land are reserved
for public gardens:
It is desirable to authorise the sale of the whole of
the land to the Royal Australasian College of
Surgeons and, to enable this to be done, to revoke
reservations affecting the land and to make
alternative provision for the maintenance of and
public access to the gardens:
The Parliament of Victoria therefore enacts as follows:
Purposes
The purposes of this Act are—
(a) to revoke the reservations of land in Spring
Street, Melbourne;
(b) to authorise the sale of that land to the Royal
Australasian College of Surgeons;
(c) to make provision for continued maintenance
of and public access to the gardens on the
land to be sold;
(d) to amend the Melbourne Market and Park
Lands Act 1933.
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2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
3. Revocation of reservations
(1) The land in item 1 of the Schedule ceases to be
subject to the reservation described in that item.
(2) The Order in Council specified in item 2 of the
Schedule is revoked.
4. Consequences of revoking reservations
On land ceasing to be subject to a reservation by
force of section 3(1) or (2)—
(a) the land is deemed to be unalienated land of
the Crown and is freed and discharged from
all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests;
(b) the appointment of any committee of
management is revoked to the extent that it
relates to the land;
(c) any regulations made or having effect under
section 13 of the Crown Land (Reserves)
Act 1978 are revoked to the extent that they
apply to the land.
5. Sale of site
(1) The Minister, on behalf of the Crown, may sell all
or any part of the land in certified plan No.
110853 lodged in the Central Plan Office to the
Royal Australasian College of Surgeons on any
terms and conditions that the Minister thinks fit.
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(2) Without limiting sub-section (1), those terms and
conditions—
(a) may entitle the purchaser to possession of the
land sold on payment of part of the purchase
price;
(b) may require the purchaser to enter into an
agreement with the Minister or the
Melbourne City Council concerning the
maintenance of and public access to the
gardens on the land;
(c) may provide that the Minister is to lease that
part of the land on which public gardens are
located to the Melbourne City Council until
the date of completion of the sale and for the
relationship between the interest and rights
of the lessee under the lease and the rights of
the purchaser if the purchaser becomes
entitled to possession of the land under the
contract of sale;
(d) may require the purchaser, on the completion
of the sale, to enter into a lease with the
Melbourne City Council of that part of the
land used for public gardens and for that
lease to be in a form approved by the
Minister;
(e) must state the terms, conditions, covenants,
exceptions, reservations and limitations that
are to be included in any Crown grant to
which, in accordance with the contract of
sale, the purchaser may become entitled.
(3) The Minister, on behalf of the Crown, may
execute any document or do anything else
necessary to give effect to the sale.
s. 5
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(4) Without limiting section 2(2) of the Sale of Land
Act 1962 Part I of that Act does not apply to a
terms contract for the sale of land entered into
under this section.
6. Entitlement to Crown grant
(1) On the Royal Australasian College of Surgeons
becoming entitled to a Crown grant of land in
accordance with the terms and conditions of a sale
under this Act, the Governor in Council, on behalf
of the Crown, may grant the land to the College
for an estate in fee simple.
(2) A Crown grant under this section is subject to any
terms, conditions, covenants, exceptions,
reservations and limitations that the terms and
conditions of sale state are to be included in the
Crown grant and are included by the Governor in
Council in that grant.
7. Historic Buildings Act not affected
This Act and anything done under it do not affect
the operation of the Historic Buildings Act 1981
or any entry made in a Register kept under that
Act.
8. Agreements for access to and maintenance of the
gardens
(1) The Minister, on behalf of the Crown, may in
respect of any period before the issue of a Crown
grant under this Act enter into an agreement with
the Melbourne City Council concerning the
maintenance of, and public access to, the gardens
on any land described in certified plan No. 110853
that is leased to or occupied by the Council.
(2) An agreement under this section must not include
terms or conditions inconsistent with the terms
and conditions of a sale of the land under this Act.
s. 6
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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, sub-section (2) is repealed;
(b) in section 4(5) paragraph (a) is repealed.
10. What if the land is not sold?
(1) If not later than 31 December 1993 the Minister is
satisfied that—
(a) no contract for the sale of land under this Act
has been entered into; or
(b) a contract for the sale of land under this Act
has been entered into but, without the issue
of a Crown grant, has been brought to an end
(whether by avoidance, rescission,
termination, or otherwise) as a consequence
of a breach of the contract by the
purchaser—
the Minister must, by notice published in the
Government Gazette, appoint a day for the
purposes of this section, being not later than
1 March 1994.
(2) On the appointed day sections 5 and 6 are
repealed.
s. 9
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(3) As soon as practicable after the appointed day, the
Governor in Council shall, in accordance with the
Crown Land (Reserves) Act 1978, permanently
reserve so much of the land described in certified
plan No. 110853 as is not, in the opinion of the
Governor in Council, required for buildings on
that land or for extensions of or approaches to
those buildings, as a site for public gardens and
appoint the Melbourne City Council as Committee
of Management for the land.
11. No compensation payable by Crown
No compensation is payable by the Crown in
respect of anything done under or arising out of
this Act.
12. Supreme Court—limitation of jurisdiction
It is the intention of this section to alter or vary
section 85 of the Constitution Act 1975 to the
extent necessary to prevent the Supreme Court
awarding compensation in respect of anything
done under or arising out of this Act.
s. 11
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SCHEDULE
Section 3
LAND IN RESPECT OF WHICH THE RESERVATIONS ARE
REVOKED
Item
Situation and
area of land
Instrument
and date of
reservation
Description
by reference
to
Government
Gazette
Purpose of
reservation
Extent of
revocation
1.
2.
East
Melbourne
Parish of
Melbourne
North, County
of Bourke
being part of
Crown
allotment 21,
section 1, not
required for
buildings,
extensions
thereof and
approaches
thereto as
provided by
section 4 of the
Melbourne
Market and
Park Lands
Act 1933
East
Melbourne
Parish of
Melbourne
North, County
of Bourke
being Crown
allotments 21A
and 21B,
section 1
Act No.
4184/1933
section 4 as
amended by
Act No.
5913/1955
Order in
Council
6 December
1988
Government
Gazette 14
December
1988 page
3761
Purpose of a
public garden
Public
purposes
(Health
Department)
The entire
reserve
The entire
reserve
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ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 30 April 1992
Legislative Council: 26 May 1992
The long title for the Bill for this Act was "A Bill to revoke the reservations
of certain land at Melbourne, to authorise the sale of that land to the Royal
Australasian College of Surgeons, to amend the Melbourne Market and
Park Lands Act 1933 and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 30 April 1992
Legislative Council: 26 May 1992
Absolute majorities:
Legislative Assembly: 21 May 1992
Legislative Council: 3 June 1992
The Melbourne Market and Park Lands Act 1992 was assented to on
16 June 1992 and came into operation on 16 June 1992.
Endnotes
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2. Table of Amendments
There are no amendments made to the Melbourne Market and Park Lands
Act 1992 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes