Victorian Legislation and Parliamentary Documentsi
Version No. 001
North Melbourne Lands Act 1966
Act No. 7446/1966
Version incorporating amendments as at 15 August 2000
TABLE OF PROVISIONS
Section Page
Short title 3
Definitions 4
Revocation of reservation and Crown grant of land for
municipal purposes 4
Closure of part of Munster-terrace 4
Re-definition of land reserved for public recreation 5
Power to corporation to grant leases of lands shown in plan 5
6A. Power to corporation to make loans to lessees 6
Authority and direction to Registrar of Titles to make
necessary cancellations and entries 7
No compensation payable by Crown 7
SCHEDULE—Lands at North Melbourne in the Parish of Jika Jika 8
═══════════════
ENDNOTES 9
General Information 9
Table of Amendments 10
Explanatory Details 11
Victorian Legislation and Parliamentary Documents1
Version No. 001
North Melbourne Lands Act 1966
Act No. 7446/1966
Version incorporating amendments as at 15 August 2000
An Act relating to certain Lands at North Melbourne.
Preamble
WHEREAS—
(a) the lands delineated on the plan in the
Schedule being those shown thereon as
allotment 1 and allotment 2 of section 75A
and those shown hatched and cross-hatched
are situated at North Melbourne;
(b) the said land shown cross-hatched is
unalienated land of the Crown;
(c) the said land shown as allotment 2 of
section 75A was by Order in Council of the
17th day of October, 18851, permanently
reserved as a site for public recreation and
by Crown grant dated the 23rd day of
October, 1885, entered in the register book
of the Office of Titles volume 1792 folium
358388 granted to the Board of Land and
Works and the Mayor Councillors and
Burgesses of the town of Hotham subject to
the condition that the land and the buildings
for the time being thereon should be at all
times thereafter maintained and used as and
for a place for the recreation and amusement
of the people and offices and conveniences
connected therewith and for no other
purpose whatsoever;
(d) the said land shown as allotment 1 of
section 75A was by Order in Council of the
20th day of November, 18832, permanently
reserved as a site for municipal purposes and
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
2
by Crown grant dated the 22nd day of
November, 1883, entered in the register
book of the Office of Titles volume 1551
folium 310078 granted to the Mayor
Councillors and Burgesses of the town of
Hotham subject to the condition that the land
and the buildings for the time being thereon
should be at all times thereafter maintained
and used for municipal purposes and offices
and conveniences connected therewith and
for no other purpose whatsoever; and
(e) the said land shown hatched is part of a road
known as Munster-terrace:
AND WHEREAS—
(a) part of the said land shown cross-hatched
and part of the said land shown as
allotment 1 of section 75A are enclosed with
the said land shown as allotment 2 of
section 75A and used with it for the
purposes of a cricket and football ground;
(b) a swimming pool and building are
constructed on the land shown as allotment 1
of section 75A and encroach on the said
lands shown hatched and cross-hatched; and
(c) the parts of the said lands shown as
allotment 1 of section 75A and shown
hatched which are not enclosed as aforesaid
or occupied by the swimming pool and
building are used as open space to provide
access to the said land used for the purposes
of a cricket and football ground and to the
swimming pool:
AND WHEREAS—
(a) by Order in Council of the 22nd day of
August, 18873, the town of Hotham was
proclaimed to be the town of North
Melbourne; and
Preamble
Section 1 - North Melbourne Lands Act 1966 - North Melbourne Lands Act 1966 | Zoe
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
3
(b) by Order in Council of the 23rd day of
October, 19054, the town of North
Melbourne was united with the city of
Melbourne:
AND WHEREAS the council of the city of
Melbourne was by Order in Council of the 28th
day of July, 19595, appointed a committee of
management of the said land shown as allotment 2
of section 75A:
AND WHEREAS it is expedient—
(a) that the said land shown hatched be closed
as a road;
(b) that the permanent reservation and Crown
grant of the said land shown as allotment 1
of section 75A be revoked;
(c) that the said lands shown hatched and cross-
hatched and also the said land shown as
allotment 1 of section 75A be included in
the permanent reservation and Crown grant
of the said land shown as allotment 2 of
section 75A; and
(d) that the council of the city of Melbourne be
authorized to grant leases of the whole or
any part of the lands in the said permanent
reservation:
BE IT THEREFORE ENACTED by the Queen'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):
Short title
This Act may be cited as the North Melbourne
Lands Act 1966.
s. 1
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
4
2. Definitions
In this Act unless inconsistent with the context or
subject-matter—
"corporation" means corporation of the city of
Melbourne;
"council" means council of the city of
Melbourne;
"plan" means the plan in the Schedule.
3. Revocation of reservation and Crown grant of land
for municipal purposes
(1) The hereinbefore recited Order in Council of the
20th day of November, 1883, and any other Order
in Council or proclamation so far as it reserves or
affects or purports to reserve or affect the land to
which the said Order in Council relates shall be
revoked.
(2) The hereinbefore recited Crown grant dated the
22nd day of November, 1883, entered in the
register book of the Office of Titles volume 1551
folium 310078 shall be revoked and made null
and void.
(3) The land described in the said Order in Council
and Crown grant shall become and be unalienated
land of the Crown freed and discharged from all
trusts encumbrances reservations limitations and
exceptions whatsoever and from every estate or
interest therein.
4. Closure of part of Munster-terrace
The land shown hatched on the plan being part of
the road known as Munster-terrace shall cease to
be part of a road and all rights easements or
privileges existing or claimed either in the public
or by any body or person whatsoever or
s. 2
S. 2 def. of
"corporation"
inserted by
No. 7653 s. 3.
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
5
whomsoever as incident to any past dedication or
supposed dedication thereof or by any past user
thereof or by any fiction of law shall cease and
determine and the said land shall be deemed to be
unalienated land of the Crown.
5. Re-definition of land reserved for public recreation
(1) The hereinbefore recited Order in Council of the
17th day of October, 1885, and the Crown grant
dated the 23rd day of October, 1885, entered in
the register book of the Office of Titles
volume 1792 folium 358388 shall be deemed and
taken for all purposes to relate also to the land
shown on the plan as allotment 1 of section 75A
and to the lands shown hatched and cross-hatched
on the plan.
(2) The council shall be deemed to have been
appointed by the hereinbefore recited Order in
Council of the 28th day of July, 1959, a
committee of management of the lands referred to
in sub-section (1) as well as of the land referred to
in that Order in Council.
(3) On the commencement of the North Melbourne
Lands (Amendment) Act 1967 the appointment
of the council as committee of management of the
lands referred to in sub-section (2) shall be
revoked and the corporation shall be appointed
committee of management of those lands.
6. Power to corporation to grant leases of lands shown
in plan
(1) Notwithstanding anything in any Act the
corporation as the committee of management of
the land to which the said Order in Council of the
17th day of October, 1885, relates or is to be
deemed by virtue of sub-section (1) of section 5 to
relate may from time to time grant leases of the
whole or any part of the said lands for the
s. 5
S. 5(1)
amended by
No. 8181
s. 2(1)(Sch.
item 230).
S. 5(3)
inserted by
No. 7653 s. 4.
S. 6(1)
amended by
No. 7653 s. 5.
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
6
purposes of sport or recreation or social activities
or purposes connected therewith including the
erection of buildings.
(2) A lease under this section—
(a) shall be subject to such covenants conditions
exceptions and reservations as the
corporation thinks fit;
(b) shall be for a term not exceeding 21 years;
and
(c) shall if the term exceeds three years be
subject to approval by the Governor in
Council.
(3) The moneys received by way of rent under any
lease granted under this section shall be applied
by the corporation towards the maintenance and
improvement of the whole or any part of the said
lands to which the said Order in Council relates or
is to be deemed to relate or for such other purpose
as the Minister in any particular case approves.
6A. Power to corporation to make loans to lessees
(1) Subject to sub-section (2) of this section the
corporation may out of the municipal fund make a
loan or loans to any lessee of the lands or any part
of the lands shown as allotments 1 and 2 of
section 75A and the lands shown hatched and
cross-hatched on the plan for the purposes of
erecting buildings on or otherwise improving the
said lands or any part or parts thereof and upon
such other terms and conditions as the corporation
thinks fit.
(2) The corporation shall not invest an amount
exceeding $95 000 in a loan or loans under sub-
section (1).
S. 6(2)(a)
amended by
No. 7653 s. 5.
S. 6(3)
amended by
Nos 7653 s. 5,
41/1987
s. 103(Sch. 4
item 48.1).
S. 6A
inserted by
No. 7653 s. 6.
s. 6A
S. 6A(2)
amended by
No. 7905 s. 2.
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
7
7. Authority and direction to Registrar of Titles to
make necessary cancellations and entries
The Registrar of Titles is hereby authorized and
directed to make all such cancellations of or
entries upon any Crown grant or duplicate Crown
grant or other document as may be necessary or
expedient in consequence of this Act and the
holder of any such duplicate Crown grant or other
document shall produce it to the Registrar of
Titles for that purpose.
8. No compensation payable by Crown
No person or body of persons whosoever or
whatsoever shall be entitled to receive or shall
receive from Her Majesty 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. 7
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
8
SCHEDULE
LANDS AT NORTH MELBOURNE IN THE PARISH OF JIKA JIKA
═══════════════
Preamble,
sections 2–6.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
9
ENDNOTES
General Information
The North Melbourne Lands Act 1966 was assented to on 2 November
1966 and came into operation on 2 November 1966.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
10
2. Table of Amendments
This Version incorporates amendments made to the North Melbourne
Lands Act 1966 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
North Melbourne Lands (Amendment) Act 1967, No. 7653/1967
Assent Date: 19.12.67
Commencement Date: 19.12.67
Current State: All of Act in operation
North Melbourne Lands (Loans to Lessees) Act 1969, No. 7905/1969
Assent Date: 9.12.69
Commencement Date: 9.12.69
Current State: All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date: 23.11.71
Commencement Date: 23.11.71: subject to s. 2(2)
Current State: All of Act in operation
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date: 19.5.87
Commencement Date: S. 103(Sch. 4 item 48.1) on 1.7.87: Government
Gazette 24.6.87 p. 1694
Current State: This information relates only to the provision/s
amending the North Melbourne Lands Act 1966
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 7446/1966
North Melbourne Lands Act 1966
11
3. Explanatory Details
1 Preamble: Government Gazettes 18 September 1885 page 2648, 23 October
1885 page 2930.
2 Preamble: Government Gazettes 19 October 1883 page 2414, 22 November
1883 page 2634.
3 Preamble: Government Gazette 26 August 1887 page 2538.
4 Preamble: Government Gazette 24 October 1905 page 4063.
5 Preamble: Government Gazette 5 August 1959 page 2418.
Endnotes