Port Melbourne (Aircraft Agreement) Land Act 1937 (Victoria)

Version No. 003

Port Melbourne (Aircraft Agreement) Land Act 1937

No. 4508 of 1937

Version incorporating amendments as at
1 July 2024

table of provisions

Section Page

1 Short title and commencement 6

2 Interpretation 7

3 Ratification and validation of agreement 7

4 Effect of transfer and surrender of land in Fourth Fifth and Sixth Schedules etc. 8

5 Consequential amendment of No. 3733 10

6 Power to Minister to issue permits for use of lands 10

8 Power to Governor in Council to fix by proclamation a day for certain purposes 11

9 No liability to attach to Crown 13

Schedules 14

Schedule A 14

Schedule B 31

Schedule C 32

Endnotes 33

1 General information 33

2 Table of Amendments 35

3 Explanatory details 36

Version No. 003

Port Melbourne (Aircraft Agreement) Land Act 1937

No. 4508 of 1937

Version incorporating amendments as at
1 July 2024

An Act to ratify and validate an Agreement made between the Commissioner of Crown Lands and Survey The Melbourne Harbor Trust Commissioners and the Commonwealth Aircraft Corporation Proprietary Limited and to make provision for carrying the said Agreement into effect and for other purposes.

Preamble

WHEREAS on the tenth day of May One thousand nine hundred and thirty-seven an agreement (a copy of which is set out in Schedule A to this Act and which is hereinafter referred to as "the agreement") was entered into between the Honorable Albert Eli Lind in his capacity as Commissioner of Crown Lands and Survey (hereinafter referred to as "the Minister") of the first part, The Melbourne Harbor Trust Commissioners (hereinafter referred to as "the Commissioners") of the second part and the Commonwealth Aircraft Corporation Proprietary Limited a company incorporated under the Companies Acts (hereinafter referred to as "the company") of the third part with respect to the purchase by and Crown grant to the company of certain land in the city of Port Melbourne for the establishment of an aircraft factory and with respect to enabling the company to use certain other adjacent land in the said city as a landing and testing ground for aircraft and with respect to other matters incidental thereto:

And whereas the said agreement is expressed to be made subject to the necessary authority of the Parliament of Victoria being obtained:

And whereas it is expedient to ratify and validate the agreement subject to the provisions of this Act as from the date of execution thereof and to provide that the Minister the Commissioners and the company be authorized and empowered and be deemed to have been authorized and empowered to enter into the agreement and to carry the same into effect:

And whereas the land which under and subject to the agreement is to be granted to the company (which land is described in the Thirteenth Schedule to the agreement) comprises—

the lands described in the Third and Eighth Schedules to the agreement which are now by subsection (1) of section forty-six of the Melbourne Harbor Trust Act 1928 vested in the Commissioners upon trust for the purposes of the said Act subject to certain estates interests and rights;

the land described in the Eleventh Schedule to the agreement which now forms portion of a street called Lorimer-street proclaimed as a street by proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine[1] pursuant to The Land Act 1884; and

the land described in the Fourth Schedule to the agreement which forms portion of certain land comprised in a Crown grant to the Commonwealth of Australia (hereinafter referred to as "the Commonwealth") dated the first day of March One thousand nine hundred and one and entered in the Register Book of the Office of Titles Volume 5866 Folium 1173142:

And whereas in order to enable the land described in the said Thirteenth Schedule to be so granted and to carry out its part of the agreement the company has acquired the lands described in the said Fourth Schedule and also the lands described in the Fifth and Sixth Schedules to the agreement (which lands also form portions of the land granted to the Commonwealth by the hereinbefore recited Crown grant) and has under the agreement agreed to transfer and surrender to His Majesty in right of the State of Victoria the land described in the said Fourth Schedule and (as part of the consideration for the grant to it of the lands described in the said Thirteenth Schedule) the lands described in the said Fifth and Sixth Schedules:

And whereas under and subject to the agreement it is agreed that when the lands described in the said Fourth Fifth and Sixth Schedules are so transferred and surrendered, the land described in the said Fourth Schedule shall with the other lands comprised in the said Thirteenth Schedule be granted to the company, the land described in the said Fifth Schedule shall be proclaimed as a street to form part of Lorimer-street and the lands described in the said Sixth Schedule shall be vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts:

And whereas the land described in the Seventh Schedule to the agreement forms portion of the said Lorimer-street proclaimed as hereinbefore recited:

And whereas the lands described in the Ninth Tenth and Twelfth Schedules to the agreement form portions of the land vested in the Commissioners as hereinbefore recited:

And whereas under and subject to the agreement the land described in the said Seventh Schedule is to be vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts and the lands described in the said Tenth and Twelfth Schedules are to be proclaimed as a street to form portion of the said Lorimer-street:

And whereas under and subject to the agreement the Minister has agreed to introduce into Parliament a Bill to give effect to the agreement and in particular to enable the Governor in Council to make regulations concerning the matters set out in paragraph (a) of clause eighteen of the agreement in respect of the lands described in the said Seventh and Ninth Schedules:

And whereas in order that the agreement may be carried into effect it is expedient to provide that when in pursuance of the agreement a transfer and surrender to His Majesty in right of the State of Victoria of the lands described in the said Fourth Fifth and Sixth Schedules freed and discharged from all encumbrances is registered in the Office of Titles and the balance of the purchase money as provided in paragraph (a) of clause four of the agreement is paid by the company to the Minister and all proper survey charges, fee for Crown grant and contribution to the assurance fund are paid by the company—

the lands described in the said Fourth Fifth and Sixth Schedules shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances limitations and restrictions whatsoever;

the hereinbefore recited proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine so far as the same relates to the lands described in the said Seventh and Eleventh Schedules shall be hereby revoked and that portion of the said Lorimer-street which is described in the said Seventh and Eleventh Schedules shall be closed as a street and shall be and be deemed to be unalienated land of the Crown;

the lands described in the said Third Eighth Tenth and Twelfth Schedules shall be hereby divested from the Commissioners and shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and from every estate interest or right therein;

the Governor in Council may grant the land described in the said Thirteenth Schedule to the company for an estate in fee simple subject to the provisions and conditions referred to in paragraph (a) of clause five of the agreement;

the Governor in Council may pursuant to the Land Acts proclaim the land described in the said Fifth Tenth and Twelfth Schedules as a street to form portion of the said Lorimer-street; and

the lands described in the said Sixth and Seventh Schedules shall be vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts:

And whereas it is expedient to provide that notwithstanding anything in the Melbourne Harbor Trust Acts the Minister shall be empowered to issue permits to such persons as the Minister thinks fit authorizing such persons to enter upon and use for the purposes of a testing field and landing ground for aircraft the lands described in the said Seventh and Ninth Schedules and the Governor in Council shall be empowered to make regulations concerning the matters mentioned in paragraph (a) of clause eighteen of the agreement in respect of the said lands:

And whereas it is expedient to make provision with respect to the removal of the existing overhead high tension transmission electric line of the State Electricity Commission of Victoria or a part thereof from the land described in Part I of the said Ninth Schedule and with respect to the liability for the cost of such removal and other matters relating thereto as hereinafter provided:

And whereas the land described in Schedule B to this Act forms portion of the said Lorimer-street proclaimed as hereinbefore recited and the land described in Schedule C to this Act forms portion of the lands vested in the Commissioners as hereinbefore recited:

And whereas it is expedient to provide that when the provisions of this Act relating to the agreement have been put into effect so far as the same effect a deviation of the said Lorimer-street the Governor in Council may by proclamation published in the Government Gazette fix a day—

upon which the hereinbefore recited proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine so far as the same relates to the land described in the said Schedule B shall be revoked and the portion of Lorimer-street described in the said Schedule B shall be closed as a street and the said land shall be and be deemed to be unalienated land of the Crown;

upon which the land described in the said Schedule C shall be divested from the Commissioners and shall be and be deemed to be unalienated land of the Crown freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and from every estate interest or right therein; and

upon or after which the Governor in Council may pursuant to the Land Acts proclaim the land described in the said Schedule C as a street to form portion of the said Lorimer-street:

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 and commencement

This Act may be cited as the Port Melbourne (Aircraft Agreement) Land Act 1937 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2 Interpretation

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

Agreement means the hereinbefore recited agreement (a copy of which is set out in Schedule A to this Act);

Commission means the State Electricity Commission of Victoria incorporated under the State Electricity Commission Act 1928;

Commissioners means The Melbourne Harbor Trust Commissioners incorporated under the Melbourne Harbor Trust Act 1928 and includes the body corporate or persons for the time being charged with the duties now performed by The Melbourne Harbor Trust Commissioners;

Company means the hereinbefore recited Commonwealth Aircraft Corporation Proprietary Limited and includes its assignees and transferees;

Minister means the Commissioner of Crown Lands and Survey.

3 Ratification and validation of agreement

Subject to this Act—

(a) the agreement is hereby ratified and validated as from the date of execution thereof;

(b) the Minister the Commissioners and the company are hereby authorized and empowered and shall be deemed to have been authorized and empowered to enter into the agreement and to carry the same into effect; and

(c) the agreement shall take effect notwithstanding anything in the Land Acts, the Melbourne Harbor Trust Acts, or any other Act or enactment.

4 Effect of transfer and surrender of land in Fourth Fifth and Sixth Schedules etc.

Upon the registration in the Office of Titles in pursuance of the agreement of a transfer and surrender to His Majesty in right of the State of Victoria of the lands described in the Fourth Fifth and Sixth Schedules to the agreement freed and discharged from all encumbrances and the payment by the company to the Minister of the balance of the purchase money as provided in paragraph (a) of clause four of the agreement and the payment by the company of all proper survey charges, fee for Crown grant and contribution to the assurance fund—

(a) the lands described in the said Fourth Fifth and Sixth Schedules shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances limitations and restrictions whatsoever;

(b) (i) the hereinbefore recited proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine so far as the same relates to the lands described in the Seventh and Eleventh Schedules to the agreement shall be hereby revoked;

(ii) that portion of the said Lorimer-street which is described in the said Seventh and Eleventh Schedules shall be hereby closed as a street and all rights easements or privileges existing or claimed as regards the said portion of the said street or the land forming the same either in the public or by any person or body of persons whomsoever or whatsoever 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;

(iii) the lands described in the said Seventh and Eleventh Schedules shall be and be deemed to be unalienated lands of the Crown;

(c) the lands described in the Third Eighth Tenth and Twelfth Schedules to the agreement shall be hereby divested from the Commissioners and shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and from every estate interest or right therein;

(d) the Governor in Council may in the name and on behalf of His Majesty grant the land described in the Thirteenth Schedule to the agreement to the company for an estate in fee simple subject to the provisions and conditions referred to in paragraph (a) of clause five of the agreement;

(e) the Governor in Council may pursuant to the Land Acts proclaim the lands described in the said Fifth Tenth and Twelfth Schedules as a street and the lands so proclaimed shall then be deemed to form portion of the said Lorimer-street; and

(f) the lands described in the said Sixth and Seventh Schedules shall be hereby vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts.

5 Consequential amendment of No. 3733

Upon the coming into effect of the provisions of paragraphs (c) and (f) of the last preceding section, Part I. of the Second Schedule to the Melbourne Harbor Trust Act 1928 shall be hereby amended as follows––

(a) After the words "commencing point" there shall be inserted the expression—

"and the lands described in the Sixth and Seventh Schedules to the agreement set out in Schedule A to the Port Melbourne (Aircraft Agreement) Land Act 1937"; and

(b) After the words "at Melbourne" there shall be inserted the expression—

"and the lands described in the Third Eighth Tenth and Twelfth Schedules to the agreement set out in Schedule A to the Port Melbourne (Aircraft Agreement) Land Act 1937."

6 Power to Minister to issue permits for use of lands

(1) Notwithstanding anything in the Melbourne Harbor Trust Acts the Minister is hereby empowered to issue permits to such persons as the Minister thinks fit authorizing such persons to enter upon and use for the purposes of a testing field and landing ground for aircraft the lands described in the Seventh and Ninth Schedules to the agreement.

(2) Notwithstanding anything in the Melbourne Harbor Trust Acts the Governor in Council may make regulations for or with respect to—

(a) the care protection and management of the lands described in the said Seventh and Ninth Schedules;

(b) the preservation of good order and decency thereon;

(c) empowering such persons as the Governor in Council thinks fit to remove and eject from the said lands unauthorized persons who may be found thereon; and

(d) prescribing penalties for any contravention of or any failure to comply with any of the provisions of such regulations when made.

S. 7 repealed by No. 11/2024 s. 107.

8 Power to Governor in Council to fix by proclamation a day for certain purposes

(1) When the foregoing provisions of this Act have been put into effect so far as the same effect a deviation of the said Lorimer-street the Governor in Council may by proclamation published in the Government Gazette fix a day (in this section referred to as "the proclaimed day") for the purposes hereinafter provided.

(2) Upon the proclaimed day—

(a) the hereinbefore recited proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine so far as the same relates to the land described in Schedule B to this Act shall be hereby revoked;

(b) that portion of the said Lorimer-street which is described in the said Schedule B shall be hereby closed as a street and all rights easements or privileges existing or claimed as regards the said portion of the said street or the land forming the same either in the public or by any person or body of persons whomsoever or whatsoever 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

(c) the land described in the said Schedule B shall be and be deemed to be and may be dealt with as unalienated land of the Crown.

(3) On the proclaimed day the land described in Schedule C to this Act shall be hereby divested from the Commissioners and shall be and be deemed to be unalienated land of the Crown freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and from every estate interest or right therein.

(4) On or after the proclaimed day the Governor in Council may pursuant to the Land Acts proclaim the land described in the said Schedule C as a street and the land so proclaimed shall then be deemed to form portion of the said Lorimer-street.

(5) On the proclaimed day, in Part I. of the Second Schedule to the Melbourne Harbor Trust Act 1928 as amended by section five of this Act, after the expression "in Schedule A" (where occurring for the second time) there shall be inserted the expression "and the land described in Schedule C."

9 No liability to attach to Crown

Save as is provided by or under the agreement or in this Act no person or body of persons whomsoever or whatsoever 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.

Schedules

Schedule A

Agreement.

THIS AGREEMENT is made the tenth day of May One thousand nine hundred and thirty-seven BETWEEN The Honorable ALBERT ELI LIND in his capacity as Commissioner of Crown Lands and Survey of the State of Victoria for the time being (hereinafter referred to as "the Minister") of the first part THE MELBOURNE HARBOR TRUST COMMISSIONERS incorporated under the provisions of the Melbourne Harbor Trust Acts of the said State (hereinafter referred to as "the Commissioners" which expression shall include the body corporate or persons for the time being charged with the duties now performed by The Melbourne Harbor Trust Commissioners) of the second part and COMMONWEALTH AIRCRAFT CORPORATION PROPRIETARY LIMITED a Company incorporated under the Companies Act of the said State and having its registered office at 422 Little Collins Street Melbourne in the said State (hereinafter referred to as "the Company" which expression where the context admits or requires shall be deemed to extend to and include its assigns and transferees) of the third part WHEREAS representations have been made to the Minister by the Company of its intention to construct erect and establish a factory in Victoria for the manufacture of aircraft AND WHEREAS the Company is desirous of obtaining a suitable site in the said State for the said factory AND WHEREAS subject to the provision of a satisfactory landing and testing ground for aircraft thereto adjoining the land described in the thirteenth Schedule hereto being the land also described in the third fourth eighth and eleventh Schedules hereto is deemed by the Company to be a suitable site for the said factory AND WHEREAS the land described in the seventh and eleventh Schedules hereto is vested in His Majesty as part of a street or road known as Lorimer Street AND WHEREAS the land described in the first Schedule hereto (including the land described in the third eighth ninth and twelfth Schedules hereto) and the land described in the tenth Schedule hereto is vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts AND WHEREAS the land described in the second Schedule hereto is vested in the Commonwealth of Australia for an estate in fee simple AND WHEREAS the land described in the fourth fifth and sixth Schedules hereto being part of the land described in the said second Schedule is now being acquired by the Company NOW THESE PRESENTS WITNESS that subject to the necessary authority of the Parliament of Victoria being obtained it is hereby agreed by and between the parties hereto as follows:—

The portion of the said street or road known as Lorimer Street being the land described in the said seventh and eleventh Schedules shall be closed and the land described in the said seventh Schedule shall be vested in the Commissioners upon trust for the purpose of the Melbourne Harbor Trust Acts
The land described in the said third eighth and twelfth Schedules being part of the land described in the said first Schedule and the land described in the said tenth Schedule shall be divested from the Commissioners and vested in His Majesty freed from the trusts hereinbefore referred to
The land described in the said third eighth and eleventh Schedules shall be sold to and purchased by the Company for an estate in fee simple subject only to such rights and conditions as are hereinafter referred to
As a consideration for the said sale and purchase—

(a) The Company shall pay to the Minister the sum of Nine thousand five hundred and twenty-five pounds of which One thousand one hundred and ninety pounds twelve shillings and six pence shall be paid on or before the execution of this Agreement as and by way of deposit and the balance of such sum namely Eight thousand three hundred and thirty-four pounds seven shillings and six pence shall be paid within one month after the date on which an Act passed by the Parliament of Victoria (hereinafter called "the said Act") ratifying and giving effect to this Agreement comes into operation

(b) The Company shall within one month after the said Act comes into operation transfer and surrender to His Majesty free from all encumbrances the land described in the said fifth Schedule to the intent that the same together with the land described in the said tenth and twelfth Schedules shall be proclaimed a street or road as hereinafter provided

(c) The Company shall within one month after the said Act comes into operation transfer and surrender to His Majesty free from all encumbrances the land described in the said sixth Schedule hereto to the intent that the same shall be vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts

Upon payment by the Company of the balance of the purchase money as aforesaid and of all proper Survey Crown Grant and Assurance Fund Fees and upon registration of the transfer and surrender to His Majesty of the land described in the said fifth and sixth Schedules as aforesaid and also a transfer and surrender to His Majesty free from encumbrances of the land described in the said fourth Schedule hereto—

(a) The land described in the said thirteenth Schedule being the said land hereby agreed to be sold and the land described in the said fourth Schedule shall be granted by the Governor in Council in the name and on behalf of His Majesty to the Company for an estate in fee simple and such grant shall be made subject to the provisions of Sections 167, 294 and 295 of the Land Act 1928 and of Section 4 of the Mines (Petroleum) Act 1935 and subject to the conditions set out in Clauses 8, 9, 10, 11, 12, 14 and 15 of this Agreement and the provisions of Section 168 of the Land Act 1928 shall apply to such grant as though the said land had been alienated under the provisions of Part I. of the said Act

(b) The land described in the said fifth tenth and twelfth Schedules shall be proclaimed by the Governor in Council as a street or road forming part of Lorimer Street aforesaid in substitution for the land described in the said seventh and eleventh Schedules to the intent that the land comprised in the said Crown Grant shall be bounded on the north side thereof by the said street or road and have access along Lorimer Street to the City of Melbourne

If within one month after the date upon which the said Act comes into operation the Company fails to pay the balance of the said purchase money or to transfer or surrender to His Majesty the said land described in the said fifth and sixth Schedules the Minister may by notice in writing to the Company forthwith determine this Agreement and in such event the deposit of One thousand one hundred and ninety pounds twelve shillings and six pence agreed to be paid by the Company shall be absolutely forfeited to the Minister but in the event of the necessary authority of the Parliament of the said State to give effect to this Agreement not having been obtained within nine months after the date of this Agreement or within such further time as may be agreed upon between the parties hereto then this Agreement shall (save as to the provisions of Clause 13 hereof) thereupon be deemed to be void and of no effect and the Minister shall thereupon repay the said deposit without any interest thereon to the Company
The Company may go into possession of the land hereby agreed to be sold on or after the date of the execution of these presents and from such date and so long as this Agreement remains in force and the Company's rights hereunder subsist and whilst the Company observes all of its obligations hereunder the Minister for his part and the Commissioners for its part will give the Company peaceable and quiet possession of the said land
The Company shall within one month after the date of this Agreement commence and proceed with the erection of the buildings plant equipment and other works necessary for and incidental to the construction organization and establishment on the land described in the said thirteenth Schedule of the said factory and shall within a period of two years after the said date expend on the said buildings plant equipment and other works a sum of not less than Two hundred and fifty thousand pounds (of which sum not less than One hundred thousand pounds shall be expended by the Company within the first twelve months of such period) PROVIDED HOWEVER that any delay or disability in the carrying out of this Agreement arising directly from the Act of God war restraints of princes strikes or lock-outs of workmen or other industrial disturbances unavoidable accident or any circumstances beyond its control other than the want of funds shall not entitle any party hereto to damages or to cancellation of this Agreement but this Agreement shall to the extent of such delay or disability be deemed to be suspended and shall forthwith come into full force and effect when such delay or disability shall have ceased
The Company shall during such period of two years and any extension of such period pursuant to the last preceding clause hereof construct and erect all buildings and erections necessary for the said factory in accordance only with such plans and specifications and designs as shall have been approved by the Minister or his agent authorized in writing in that behalf
Upon the written request of the Minister the Company shall from time to time during the progress of the erection of the buildings plant equipment and other works referred to in Clause 8 hereof furnish him with statements certified by the Secretary of the Company showing in detail the particulars and value of the work carried out in connexion therewith during any period or periods specified by the Minister and the particulars and value of the plant materials and machinery acquired or purchased by the Company for the purposes of the said works and shall within the aforesaid period of two years and any extension of such period pursuant to Clause 8 hereof permit any officer authorized by the Minister in writing to enter into and upon the land described in the said thirteenth Schedule or any part or parts thereof or any place where the said plant materials and machinery or any of them for the time being are to inspect and examine the same and to inspect and examine the said buildings plant equipment and other works
In the selection of plant materials or machinery to be purchased hired or otherwise acquired for the construction and establishment of the said factory preference shall be given so far as it is practicable so to do first to plant materials and machinery produced or manufactured in Victoria secondly to plant materials and machinery produced or manufactured elsewhere in the Commonwealth of Australia and thirdly to plant materials and machinery produced or manufactured elsewhere in the British Empire and any failure so to give preference shall be deemed to be a breach of this Agreement on the part of the Company
Except with the permission of the Minister first had and obtained the Company shall not excavate or remove or cause permit or suffer to be excavated or removed any sand on or from the land described in the said thirteenth Schedule PROVIDED NEVERTHELESS that the Company shall be entitled to dig excavate and use on the said land such sand as may be required by it for the purposes of or incidental to the construction erection and establishment of the said factory
If this Agreement shall be determined or become void in accordance with the provisions of Clause 6 hereof—

(a) The Company shall on receipt by it of a notice from the Minister requiring it so to do vacate and deliver up possession of the land hereby agreed to be sold in the manner and within the time hereinafter stated that is to say—

(i) In the case of the land described in the said eleventh Schedule the Company shall vacate such land and deliver up possession thereof to the Minister within ninety days of the receipt by it of such notice from the Minister

(ii) In the case of the land described in the said third and eighth Schedules the Company shall vacate such land and deliver up possession thereof to the Commissioners within ninety days of the receipt by it of such notice from the Minister

(b) The Company shall have the right upon receipt of such notice as aforesaid to remove any buildings or improvements which may have been erected or effected on the land hereby agreed to be sold or any part thereof by it or under its direction

(c) The Minister may if he so elects by writing under his hand require that before the land hereby agreed to be sold or any part thereof is so vacated by the Company as provided in paragraph (a) of this clause the Company shall at its own expense remove from such land or such part or parts thereof as may be directed by the Minister all buildings and improvements which may have been erected or effected thereon by it or under its direction and shall cause all excavations made thereon by it or under its direction to be filled in and shall generally so far as it is possible so to do cause the said land or part or parts thereof to be restored to the condition in which it was at the time when the Company first entered into possession thereof and the Company shall carry out such direction accordingly and

(d) The Company shall not be entitled to make against His Majesty the Minister or the Commissioners or any servant or Officer of His Majesty the Minister or the Commissioners any claim of any nature whatever for any loss or damage suffered or sustained by it by reason of arising out of or incidental to its vacating and delivering up possession of the land hereby agreed to be sold in the manner hereinbefore provided

(e) In the event of the Company failing to vacate the land hereby agreed to be sold in accordance with the requirements of any notice given to it under the provisions of paragraph (a) of this clause the Minister as to the land described in the said eleventh Schedule and the Commissioners as to the land described in the said third and eighth Schedules shall have the right (without prejudice to any rights which he or it may have against the Company for any breach of this Agreement) by his or its agents (as the case may be) to re-enter on such land or any part thereof in the name of the whole respectively and without payment of any compensation to eject therefrom the Company or its transferees or any person or persons or any corporate or unincorporate body claiming through or under it or them

During the period of fifteen years next following the date on which the said Act comes into operation the Company shall not without the consent of the Minister sell lease or otherwise part with the possession of the land hereby agreed to be sold or any part thereof PROVIDED HOWEVER that the Minister shall not unreasonably withhold his consent to a proposed sale of the said land or any part thereof or to a proposed lease of such land or any part thereof if such sale is to be made to or such lease is to be granted to in the case of an individual a respectable financial and solvent person or in the case of a corporation a financial and solvent corporation and who or which in either case is in the Minister's opinion able and willing to continue during so much of the period of fifteen years aforesaid as may not then have expired the manufacture of aircraft upon the said land
In the event of failure on the part of the Company to carry out any or all of the terms and conditions contained in Clauses 8, 9, 10, 11, 12 and 14 of this Agreement the Crown shall have the right by itself or its agents to re-enter on the whole or any part of the land hereby agreed to be sold and without payment of any compensation to eject therefrom the Company or its transferees or any person or persons or any corporate or unincorporate body claiming through or under it or them PROVIDED HOWEVER that if the right of re-entry by this clause granted shall not have been exercised within a period of fifteen years and three months from the date on which the said Act comes into operation the Company shall be deemed to have complied with all of the terms and conditions contained in such clauses and shall thereafter hold the land described in the said thirteenth Schedule freed from such conditions
The purchase price of the land hereby agreed to be sold shall not be taken by any of the parties hereto or by any municipal or Government authority as evidence of the unimproved value of the said land or any part thereof for rating or taxation purposes
(a) The Minister shall within twelve months of the date of execution of these presents cause the land described in the said seventh and ninth Schedules by levelling and grading to be put into a condition suitable for the purposes of a testing and landing ground for aircraft

(b) Subject to its observing all the conditions hereinafter mentioned and on its part to be observed and subject to the provisions of paragraph (l) hereunder the Company shall during the period hereinafter mentioned have full right and liberty (in common with any other or others to whom similar rights may be granted) to enter upon the land described in the said seventh and ninth Schedules and to use the said land for the purposes of a testing field and landing ground for aircraft

(c) Such rights and liberties shall commence on the day that the Minister receives notification in writing from the Company that it desires to commence using the land described in the said seventh and ninth Schedules for the purposes aforesaid and shall cease at the time and in the manner hereinafter mentioned

(d) If at any time the Company shall cease to carry on the business of manufacturing aircraft upon the land described in the said thirteenth Schedule the Minister may serve on the Company notice in writing of his intention to determine the rights and liberties hereby granted and at the expiration of thirty days from the service on the Company of such notice the said rights and liberties shall be determined.

(e) The Company shall pay to the Minister for the said rights and liberties so long as they subsist the following sums—

(i) the annual sum of Five pounds in each and every year for the first ten years or less period the first of which annual sums shall be paid within one month of the receipt by it of a notice in writing from the Minister demanding payment thereof

(ii) for every year after such first ten years as aforesaid such annual sum on such date or dates and in such manner as may from year to year be determined by the Minister

(f) The Company may at any time by writing under its seal surrender the rights and liberties by this clause granted

(g) If at any time the Company's rights and liberties under this clause are determined or surrendered the Company shall not be entitled to any refund or any annual sum paid by it in accordance with the foregoing provisions of this clause

(h) If the Minister does not within the period of two years mentioned in Clause 8 hereof or any extension of such period pursuant to the provisions of such clause receive from the Company any such notification of the kind referred to in paragraph (c) hereof then the Company shall be deemed to have waived all its rights under this clause

(i) Whilst the rights and liberties herein referred to subsist the Company may erect or make on the land described in the said seventh and ninth Schedules any wind indicators or ground markings which in the opinion of the Company are reasonably necessary in connexion with the landing and departure of aircraft on and from the said land and in the event of the determination of the rights and liberties by this clause granted to it the Company may within one month of such determination remove and carry away any such wind indicators and ground markings so erected or made by it on the said land

(j) Notwithstanding the rights and liberties hereby granted neither the Minister nor the Commissioners shall be under any obligation in regard to the maintenance of the land described in the said seventh and ninth Schedules hereto and after the same has by levelling and grading been put into a condition suitable for the purposes of a testing and landing ground for aircraft as aforesaid the Company shall not at any time make against His Majesty the Minister or the Commissioners any claim for any loss or damage suffered or sustained by the Company by reason of any defect which may subsequently develop therein

(k) The Company shall after the commencement of the rights and liberties hereby granted save harmless and keep indemnified His Majesty the Minister and the Commissioners from all damages and costs in respect of all accidents damages or injuries whatsoever which may be sustained or suffered by any person whomsoever or body whatsoever arising out of the exercise by the Company of such rights and liberties

(l) Notwithstanding anything hereinbefore contained the Commissioners its transferees and its and their licensees shall at all times have full and free right and liberty to enter upon the land described in the said seventh and ninth Schedules and lay and place therein any water pipes sewers drains conduit pipes or electrical cables but in the execution of any such works as little interference as may be shall be caused to the exercise by the Company of the rights and liberties by this cause granted

(m) If the Company makes default in the due payment of any annual sum hereinbefore mentioned or commits any other breach of the above conditions then the Minister may at any time thereafter give to the Company notice in writing requiring it to remedy such breach and if at the expiration of thirty days from the service of such notice the Company has been unable or has failed or neglected to remedy such breach the Minister may upon giving notice in writing in that behalf to the Company forthwith determine the rights and liberties by this clause granted

The Minister shall cause to be introduced into Parliament as soon as practicable a Bill to give effect to this Agreement and such Bill shall contain (inter alia) provisions to enable the following matters to be done

(a) To enable the Governor in Council to make regulations concerning the following matters or any of them—

(i) For the care protection and management of the land described in the said seventh and ninth Schedules

(ii) For the preservation of good order and decency thereon

(iii) Empowering such persons as he may think fit to remove and eject from the said land unauthorized persons who may be found thereon

(iv) Prescribing penalties for any contravention of or any failure to comply with any of the provisions of such regulations when made

Any notice communication opinion agreement approval or other matter or thing to be given made expressed or done by the Minister under these presents shall be deemed to have been duly given made expressed or done if given made expressed or done in writing signed by the Minister and if addressed to the Company and delivered or posted by prepaid post to the address of its registered office and if so posted the Company shall be deemed to have received the same at the time when in the ordinary course of post it would be delivered at the said address
Should any question or dispute arise between the parties hereto or any two of them concerning the meaning of this Agreement or with respect to any liability obligation right matter or thing arising under or in relation to these presents the same shall be referred to a single arbitrator in case the parties to the dispute can agree upon one otherwise to two or three arbitrators (as the case may require) one to be appointed by each party to the difference and in either case in accordance with and subject to the provisions of the Arbitration Acts 1928 or any statutory modification or re-enactment thereof for the time being in force
The land described in the Schedules hereto is delineated and colored as hereunder set out on the plan of which three copies bearing a memorandum that they are copies of the plan referred to in this Agreement have been signed by the Minister the Chairman of the Commissioners and the Secretary of the Company that is to say—

the land described in the first Schedule is delineated and shown within a red border

the land described in the second Schedule is delineated and shown within a dark blue border

the land described in the third Schedule is colored light green

the land described in the fourth Schedule is colored pink

the land described in the fifth Schedule is colored blue

the land described in the sixth Schedule is colored dark green

the land described in the seventh Schedule is delineated and shown by cross hatched brown lines

the land described in the eighth Schedule is colored purple

the land described in the ninth Schedule is colored yellow

the land described in the tenth Schedule is colored red

the land described in the eleventh Schedule is colored brown

the land described in the twelfth Schedule is delineated and shown by hatched blue lines

the land described in the thirteenth Schedule is delineated and shown within a green border

IN WITNESS WHEREOF the parties have executed these presents the day and year first above written

THE SCHEDULES ABOVE REFERRED TO.

FIRST SCHEDULE.

Part of land vested in The Melbourne Harbor Trust Commissioners by the Second Schedule Part I Act (1928) Number 3733 One hundred and forty-two acres three roods fourteen perches more or less City of Port Melbourne Parish of Melbourne South County of Bourke in the two separate Parts hereinafter described viz.—

Part I.

One hundred and forty acres two roods seventeen perches Commencing at a point bearing south sixty-one degrees thirty-two minutes west seven chains eighty and five-tenths links from the north-west angle of Allotment 1 of Section 58 bounded thence by the Harbor Trust boundary bearing south twenty-one degrees thirty seconds east thirty-six chains sixty-eight links and south sixty-eight degrees fifty-nine minutes thirty seconds west sixty chains eighty-two links by Lorimer Street bearing north six degrees forty minutes thirty seconds west five chains seventeen and three-tenths links by Lorimer Street and the old line of said street bearing north thirty-five degrees fifty-eight minutes thirty seconds east fifty-four chains eighty-five and five-tenths links and thence by Lorimer Street aforesaid bearing north sixty-one degrees thirty-two minutes east thirteen chains sixty-five and three-tenths links to the point of commencement

Part II.

Two acres thirty-seven perches more or less Commencing at the north-east angle of Allotment 1 of Section 57 bounded thence by said allotment bearing north fifty-four degrees one minute thirty seconds west three chains thirty-eight and eight-tenths links and thence by lines bearing north forty-seven degrees fourteen minutes east six chains fifty-eight and three-tenths links north sixty-one degrees thirty-two minutes east four chains eighty-seven and seven-tenths links and south thirty-five degrees fifty-eight minutes thirty seconds west ten chains eighty-five and six-tenths links to the point of commencement

SECOND SCHEDULE

Land vested in the Commonwealth of Australia by Crown Grant dated the first day of March One thousand nine hundred and one

Thirty-one acres two roods fifteen perches more or less County of Bourke Parish of Melbourne South City of Port Melbourne Commencing at a point on the north-western side of Lorimer Street bearing south thirty-five degrees fifty-seven minutes west fifteen chains forty-five and two-tenths links from an angle therein near the western entrance to Coode Canal bounded thence by the said street bearing south thirty-five degrees fifty-seven minutes west forty-three chains forty-six and five-tenths links thence by lines bearing respectively north fifty-five degrees twenty-seven minutes west nine chains eighty-nine links and north thirty-four degrees thirty-three minutes east fourteen links thence by ordinary high water mark on the left bank of the River Yarra by the landward edge of the timber wharves and again by the said high water mark north-easterly to a point bearing north fifty-four degrees three minutes west eight chains one link from the commencing point and thence by a line bearing south fifty-four degrees three minutes east eight chains one link to the commencing point

THIRD SCHEDULE.

Part of the land vested in Melbourne Harbor Trust Commissioners by second Schedule Part I. Act (1928) No. 3733 to be divested therefrom and sold to the Commonwealth Aircraft Corporation Proprietary Limited

Fourteen acres one rood eleven perches City of Port Melbourne Parish of Melbourne South County of Bourke Commencing at a point bearing north thirty-five degrees fifty-eight minutes thirty seconds east five chains eighty-four and five-tenths links and south forty-two degrees forty-six minutes east one chain fifty-two and nine-tenths links from the north east angle of Allotment 1 of Section 57 bounded thence by lines bearing south forty-two degrees forty-six minutes east seven chains seventy-eight and eight-tenths links south forty-seven degrees fourteen minutes west twenty-nine chains thirty-four and two-tenths links north fifty-four degrees one minute west one chain ninety-one links and north thirty-five degrees fifty-eight minutes thirty seconds east thirty chains twenty-nine and two-tenths links to the commencing point

FOURTH SCHEDULE.

Part of land vested in the Commonwealth of Australia by Crown Grant dated the first day of March One thousand nine hundred and one to be acquired by the Commonwealth Aircraft Corporation Proprietary Limited and surrendered to His Majesty to the intent that the same shall be included in the Crown Grant referred to in the thirteenth Schedule hereto

Ten acres one rood seventeen perches City of Port Melbourne Parish of Melbourne South County of Bourke Commencing at the north-east angle of Allotment 1 of Section 57 bounded thence by lines bearing south thirty-five degrees fifty-eight minutes thirty seconds west twenty-four chains seventy-four and six-tenths links north fifty-four degrees one minute west five chains fifty-one and eight-tenths links north thirty-three degrees forty-nine minutes east five chains thirty-four and eight-tenths links and north forty-seven degrees fourteen minutes east nineteen chains seventy-eight and seven-tenths links and thence by a line bearing south fifty-four degrees one minute thirty seconds east one chain eighty-five and nine-tenths links to the commencing point

FIFTH SCHEDULE.

Part of land vested in the Commonwealth of Australia by Crown Grant dated the first day of March One thousand nine hundred and one to be acquired by the Commonwealth Aircraft Corporation Proprietary Limited and to be surrendered to His Majesty to the intent that it be proclaimed a street or road forming part of Lorimer Street

Four acres three roods eight perches City of Port Melbourne Parish of Melbourne South County of Bourke Commencing at a point bearing north fifty-four degrees one minute thirty seconds west one chain eighty-five and nine-tenths links from the north east angle of Allotment 1 of Section 57 bounded thence by lines bearing south forty-seven degrees fourteen minutes west nineteen chains seventy-eight and seven-tenths links south thirty-three degrees forty-nine minutes west five chains thirty-four and eight-tenths links and south fifty-four degrees one minute east five chains fifty-one and eight-tenths links by Lorimer Street bearing south thirty-five degrees fifty-eight minutes thirty seconds west one chain fifty links thence by lines bearing north fifty-four degrees one minute west six chains ninety-six and two-tenths links north thirty-three degrees forty-nine minutes east three chains ninety-four and nine-tenths links north thirty-six degrees four minutes thirty seconds east three chains sixty-one and nine-tenths links north forty-seven degrees fourteen minutes east nineteen chains five links and south fifty-four degrees one minute thirty seconds east one chain fifty-two and nine-tenths links to the commencing point

SIXTH SCHEDULE.

Part of land vested in the Commonwealth of Australia by Crown Grant dated the first day of March One thousand nine hundred and one to be acquired by the Commonwealth Aircraft Corporation Proprietary Limited and to be surrendered to His Majesty to the intent that it be vested in the Melbourne Harbor Trust Commissioners

Two acres three roods twenty-nine perches more or less City of Port Melbourne Parish of Melbourne South County of Bourke in the two separate parts hereinafter described viz.—

Part I.

Two acres three roods twenty-four perches more or less Commencing at a point bearing north fifty-four degrees one minute thirty seconds west three chains thirty-eight and eight-tenths links from the north-east angle of Allotment 1 of Section 57 bounded thence by a line bearing south forty-seven degrees fourteen minutes west nineteen chains five links by the west boundary of said allotment bearing northerly to the north-west angle thereof and thence by the northern boundary thereof bearing south fifty-four degrees one minute thirty seconds east four chains sixty-two and two-tenths links to the commencing point

Part II.

Five perches more or less Commencing at a point bearing north thirty-five degrees fifty-eight minutes thirty seconds east seventeen chains twenty-one and six-tenths links and north fifty-four degrees one minute west six chains ninety-six and two-tenths links from the south-east angle of Allotment 1 of Section 57 bounded thence by a line bearing north fifty-four degrees one minute west fifteen and five-tenths links by the Melbourne Harbor Trust boundary bearing north thirty-six degrees four minutes thirty seconds east three chains ninety-four and six-tenths links and thence by a line bearing south thirty-three degrees forty-nine minutes west three chains ninety-four and nine-tenths links to the commencing point

SEVENTH SCHEDULE.

Part of Lorimer Street proclaimed a street or road on the twenty-fifth day of November One thousand eight hundred and eighty-nine (see Government Gazette 1889 page 4027*) to be closed and vested in the Melbourne Harbor Trust Commissioners and to be made available as a Landing Ground for Aircraft*

One rood thirty-eight perches more or less City of Port Melbourne Parish of Melbourne South County of Bourke Commencing at a point bearing north thirty-five degrees fifty-eight minutes thirty seconds east five chains eighty-four and five-tenths links from the north-east angle of Allotment 1 of Section 57 bounded thence by lines bearing north thirty-five degrees fifty-eight minutes thirty seconds east one chain fifty-three and four-tenths links north sixty-one degrees thirty-two minutes east three chains forty-seven and seven-tenths links south thirty-five degrees fifty-eight minutes thirty seconds west four chains ninety-six and nine-tenths links and thence by a line bearing north forty-two degrees forty-six minutes west one chain fifty-two and nine-tenths links to the commencing point

EIGHTH SCHEDULE.

Part of land vested in Melbourne Harbor Trust Commissioners by the Second Schedule Part I Act (1928) No. 3733 to be divested therefrom and sold to the Commonwealth Aircraft Corporation Proprietary Limited

Three roods City of Port Melbourne Parish of Melbourne South County of Bourke Commencing at the north-east angle of Allotment 1 of Section 57 bounded thence by said allotment bearing north fifty-four degrees one minute thirty seconds west one chain eighty-five and nine-tenths links and thence by lines bearing north forty-seven degrees fourteen minutes east six chains nine and six-tenths links south forty-two degrees forty-six minutes east sixty-eight and two-tenths links and south thirty-five degrees fifty-eight minutes thirty seconds west five chains eighty-four and five-tenths links to the commencing point

NINTH SCHEDULE.

Land vested in the Melbourne Harbor Trust Commissioners by Second Schedule Part I Act (1928) No. 3733 and to be made available as a Landing Ground for Aircraft

One hundred and twenty-six acres one rood fourteen perches City of Port Melbourne Parish of Melbourne South County of Bourke in the two separate portions hereinafter described viz.—

Part I.

One hundred and twenty-six acres one rood six perches Commencing at a point bearing south sixty-one degrees thirty-two minutes west seven chains eighty and five-tenths links from the north-west angle of Allotment 1 of Section 58 bounded thence by the Harbor Trust boundary bearing south twenty-one degrees thirty seconds east thirty-six chains sixty-eight links and south sixty-eight degrees fifty-nine minutes thirty seconds west sixty chains eighty-two links by Lorimer Street bearing north six degrees forty minutes thirty seconds west five chains seventeen and three-tenths links and north thirty-five degrees fifty-eight minutes thirty seconds east nineteen chains fifty-nine and four-tenths links and thence by lines bearing south fifty-four degrees one minute east one chain ninety-one links north forty-seven degrees fourteen minutes east twenty-nine chains thirty-four and two-tenths links north forty-two degrees forty-six minutes west seven chains seventy-eight and eight-tenths links north thirty-five degrees fifty-eight minutes thirty seconds east four chains ninety-six and nine-tenths links and north sixty-one degrees thirty-two minutes east thirteen chains sixty-five and three-tenths links to the commencing point

Part II.

Eight perches Commencing at a point bearing north thirty-five degrees fifty-eight minutes thirty seconds east five chains eighty-four and five-tenths links from the north-east angle of Allotment 1 of Section 57 bounded thence by lines bearing north forty-two degrees forty-six minutes west sixty-eight and two-tenths links and north sixty-one degrees thirty-two minutes east one chain fifty-five and three-tenths links and thence by a line bearing south thirty-five degrees fifty-eight minutes thirty seconds west one chain fifty-three and four-tenths links to the commencing point

TENTH SCHEDULE.

Part of land vested in the Melbourne Harbor Trust Commissioners by the Second Schedule Part I Act (1928) No. 3733 to be divested therefrom and to be proclaimed a street or road forming part of Lorimer Street

Three perches more or less City of Port Melbourne Parish of Melbourne South County of Bourke Commencing at a point bearing north fifty-four degrees one minute thirty seconds west three chains thirty-eight and eight-tenths links and south forty-seven degrees fourteen minutes west nineteen chains five links from the north-east angle of Allotment 1 of Section 57 bounded thence by lines bearing south thirty-six degrees four minutes thirty seconds west three chains sixty-one and nine-tenths links and north thirty-three degrees forty-nine minutes east three chains one and nine-tenths links and thence by a line bearing north forty-seven degrees fourteen minutes east sixty-one and four-tenths links to the point of commencement

ELEVENTH SCHEDULE.

Part of Lorimer Street proclaimed a street or road on the twenty-fifth day of November one thousand eight hundred and eighty-nine (see Government Gazette 1889 page 4027*) to be closed and sold to the Commonwealth Aircraft Corporation Proprietary Limited*

Four acres two roods eleven perches more or less City of Port Melbourne Parish of Melbourne South County of Bourke Commencing at a point bearing north thirty-five degrees fifty-eight minutes thirty seconds east five chains eighty-four and five-tenths links from the north-east angle of Allotment 1 of Section 57 bounded thence by lines bearing south forty-two degrees forty-six minutes east one chain fifty-two and nine-tenths links south thirty-five degrees fifty-eight minutes thirty seconds west thirty chains twenty-nine and two-tenths links and north fifty-four degrees one minute west one chain fifty links and thence by a line bearing north thirty-five degrees fifty-eight minutes thirty seconds east thirty chains fifty-nine and one-tenth links to the point of commencement

TWELFTH SCHEDULE.

Part of land vested in the Melbourne Harbor Trust Commissioners by Second Schedule Part I Act (1928) No. 3733 to be divested therefrom and to be proclaimed a street or road forming part of Lorimer Street

One acre one rood twenty-nine perches City of Port Melbourne Parish of Melbourne South County of Bourke Commencing at a point bearing north fifty-four degrees one minute thirty seconds west one chain eighty-five and nine-tenths links from the north-east angle of Allotment 1 of Section 57 bounded thence by said allotment bearing north fifty-four degrees one minute thirty seconds west one chain fifty-two and nine-tenths links and thence by lines bearing north forty-seven degrees fourteen minutes east six chains fifty‑eight and three-tenths links north sixty-one degrees thirty-two minutes east four chains eighty-seven and seven-tenths links south thirty-five degrees fifty-eight minutes thirty seconds west three chains forty-seven and seven‑tenths links south sixty-one degrees thirty-two minutes west one chain fifty-five and three-tenths links and south forty-seven degrees fourteen minutes west six chains nine and six-tenths links to the commencing point

THIRTEENTH SCHEDULE.

Land described in the Third Fourth Eighth and Eleventh Schedules to be granted by the Crown to the Commonwealth Aircraft Corporation Proprietary Limited

Twenty-nine acres three roods thirty-nine perches more or less City of Port Melbourne Parish of Melbourne South County of Bourke Commencing at a point bearing north thirty-five degrees fifty-eight minutes thirty seconds east eighteen chains seventy-one and six-tenths links and north fifty-four degrees one minute west five chains fifty-one and eight-tenths links from the south‑east angle of Allotment 1 of Section 57 bounded thence by lines bearing north thirty-three degrees forty-nine minutes east five chains thirty‑four and eight-tenths links north forty-seven degrees fourteen minutes east twenty-five chains eighty-eight and three-tenths links south forty-two degrees forty-six minutes east nine chains ninety-nine and nine-tenths links south forty-seven degrees fourteen minutes west twenty-nine chains thirty‑four and two-tenths links and thence by a line bearing north fifty-four degrees one minute west eight chains ninety-two and eight-tenths links to the point of commencement

SIGNED by the said ALBERT ELI LIND in the presence of—W. McILROY ⎫ ⎪ ⎬ ⎪ ⎭ A. E. LIND
The Common Seal of THE MELBOURNE HARBOR TRUST COMMISSIONERS was hereto affixed in the presence of ⎫ ⎪ ⎬ ⎪ ⎪ ⎭
GEO. KERMODE ChairmanFRANCIS DUNCAN CommissionerA. C. COOK Secretary (L.S.)
The Common Seal of COMMONWEALTH AIRCRAFT CORPORATION PROPRIETARY LIMITED was hereto affixed by the authority of the Board of Directors in the presence of— ⎫ ⎪ ⎪ ⎪ ⎬ ⎪ ⎪ ⎪ ⎭
Director L. J. HARTNETTDirector COLIN FRASERSecretary A. G. BROWN (L.S.)

Schedule B

Land, being portion of Lorimer Street proclaimed a street by proclamation of 25th November, 1889 (see "Government Gazette," 29th November, 1889*, page* 4027*), to be closed as a street and to be unalienated land of the Crown upon the proclaimed day referred to in section eight hereof.*

One acre three roods thirty-one perches, city of Port Melbourne, parish of Melbourne South, county of Bourke: Commencing at a point bearing N. 35º 58´ 30´´ E. ten chains eighty-five and six‑tenths links from the north-east angle of allotment 1 of section 57; bounded thence by a line bearing N. 35º 58´ 30´´ E. four chains fifty-nine and four-tenths links, north-easterly ten chains thirty and four-tenths links in an arc of a circle whose centre lies one hundred and thirty-nine chains sixty-four links south-easterly and chord bears N. 61º 53´ E. ten chains thirty and one-tenth links; by a ine bearing S. 21º 0´ 30´´ E. one chain fifty and six-tenths links; south-westerly nine chains seventy‑four links in an arc of a circle whose centre lies one hundred and thirty-eight chains fourteen links south-easterly and chord bears S. 61º 55´ W. nine chains seventy-three and eight‑tenths links; and thence by lines bearing S. 35º 58´ 30´´ W. one chain fourteen and two-tenths links and S. 61º 32´ W. three chains forty-seven and seven-tenths links to the commencing point.

Schedule C

Land, being portion of the land vested in the Melbourne Harbor Trust Commissioners by section 46 of the Melbourne Harbor Trust Act 1928 (No. 3733*), to be divested therefrom and to be proclaimed a street to be deemed portion of Lorimer Street on or after the proclaimed day referred to in section eight hereof.*

One acre three roods twelve perches, city or Port Melbourne, parish of Melbourne South, county of Bourke: Commencing at a point bearing S. 61º 32´ W. seven chains eighty and five-tenths links rom the north-west angle of allotment 1 of section 58; bounded thence by lines bearing S. 61º 32´ W. thirteen chains sixty-five and three-tenths links, N. 35º 58´ 30´´ E. three chains forty-seven and seven-tenths links and N. 61º 32´ E. ten chains seventy-one and four-tenths links; and thence by a line bearing S. 21º 0´ 30´´ E. one chain fifty-one and three-tenths links to the commencing point.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 24 November 1937

Legislative Council: 7 December 1937

The long title for the Bill for this Act was—

A Bill for an Act to ratify and validate an Agreement made between the Commissioner of Crown Lands and Survey The Melbourne Harbor Trust Commissioners and the Commonwealth Aircraft Corporation Proprietary Limited and to make provision for carrying the said Agreement into effect and for other purposes.

The Port Melbourne (Aircraft Agreement) Land Act 1937 was assented to on 13 December 1937 and came into operation on 4 January 1938: Government Gazette 30 December 1937 page 4550.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Port Melbourne (Aircraft Agreement) Land Act 1937 by Acts and subordinate instruments.

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State Electricity Commission Amendment Act 2024, No. 11/2024

Assent Date:	26.3.24
Commencement Date:	S. 107 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1
Current State:	This information relates only to the provision/s amending the Port Melbourne (Aircraft Agreement) Land Act 1937

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3 Explanatory details

Preamble: Government Gazette 29 November 1889 page 4027. ↑

This section sets out practical, source-grounded steps for the Company, the Minister, the Commissioners, utility providers and local authorities to move from contract to completed statutory outcomes. Compliance here means satisfying contractual and statutory preconditions, reporting and avoiding triggers for forfeiture or re-entry.

Company (Commonwealth Aircraft Corporation Proprietary Limited)

Payment and conveyancing timetable

Ensure immediate payment of the contract deposit upon execution: Agreement cl 4(a) sets the deposit at £1,190 12s 6d. Arrange for the balance (Agreement cl 4(a): £8,334 7s 6d) to be paid within one month after the Act comes into operation or as required by the Agreement. Coordinate transfer and surrender instruments for the Fourth, Fifth and Sixth Schedule parcels to be executed and cleared for registration free from encumbrances within these windows (Agreement cl 4(b),(c); cl 5).
Engage conveyancers early to prepare the transfers and surrenders so they can be registered in the Office of Titles without delay; remember that the Crown’s statutory outcomes under s 4 are triggered by registration.

Construction and expenditure compliance

Begin construction within one month of the Agreement and ensure expenditure of not less than £250,000 within two years, with at least £100,000 in the first 12 months (Agreement cl 8). Maintain certified records and retain the Secretary’s or appropriate officer’s certification for the statements required by Agreement cl 10.
Obtain plan approvals from the Minister or an authorised agent for all buildings (Agreement cl 9). Establish document control to record ministerial approvals and any authorised inspectors’ reports.

Procurement and supply-chain steps

Institute procurement policies that document efforts to give preference, where practicable, first to Victorian suppliers, then to Commonwealth suppliers, and then to suppliers elsewhere in the British Empire, as required by Agreement cl 11. Keep contemporaneous evidence of sourcing decisions and the reasons a local supplier could not be used where such choice is not possible. These records serve as defence against allegations of breach.

Testing ground notification and indemnity

When ready to use the testing ground, send the written notification required by Agreement cl 17(c) to the Minister to commence rights. Prepare to pay the prescribed annual fee: £5 per year for the first ten years, payable upon demand by the Minister (Agreement cl 17(e)(i)). Ensure insurance coverage and indemnity arrangements are in place to satisfy Agreement cl 17(k).

Reporting and inspection

Prepare to supply certified statements of progress and enable authorised officer inspections under Agreement cl 10. Failure to produce such information could be treated as breach.

Avoiding alienation breaches

Refrain from selling or leasing land within the 15-year restriction period without Ministerial consent, and prepare an application demonstrating the buyer’s solvency and willingness to continue aircraft manufacture to avoid unreasonable withholding (Agreement cl 14).

Minister and Governor in Council

Administrative sequencing and proclamations

Ensure conveyancing and registration processes are coordinated with the Office of Titles; only upon registration and verification of payment should the Governor in Council proceed with any grant in the name of His Majesty (s 4; Agreement cl 5(a)).
Fix the "proclaimed day" under s 8 only after confirming the statutory preconditions and the fit with Land Acts proclamation requirements. Publish required proclamations in the Government Gazette to effect closure of Schedules B and C portions on the proclaimed day (s 8(1)-(4)).

Levelling and grading

The Minister must "within twelve months of the date of execution" cause levelling and grading of the Seventh and Ninth Schedule lands to make them suitable for testing and landing (Agreement cl 17(a)). That work must be scheduled, budgeted and contracted promptly to avoid disabling the Company’s rights and to meet the contingent triggers in Agreement cl 17(c) and (h).

Regulation-making and permits

Prepare draft regulations under s 6(2) that address care, protection, management, and authorised removal of unauthorised persons with appropriate penalties for contraventions. Ensure that regulations are proportionate and clear on enforcement and penalties contemplated.

Dispute and remedy notices

Develop template notices and internal processes for issuing remediation notices under Agreement cl 17(m) and determination notices under Agreement cl 13 where necessary. Ensure legal review before invoking re-entry or ejectment powers, noting the absence of a compensation obligation in the Agreement.

Commissioners (Melbourne Harbor Trust Commissioners)

Vesting and divestment operations

Coordinate with the Minister and Government conveyancers to ensure the parcels intended to be divested from the Commissioners are properly transferred and discharged, consistent with s 4(c) and s 5. Update trust registers and internal land records once statutory divestment and vesting occur.

Utilities and right-of-entry planning

Where the Commissioners or their licensees need to lay water pipes, sewers, drains, conduits or electrical cables across the testing field lands, plan works in a manner that causes minimal interference with Company testing rights per Agreement cl 17(l). Provide notification and co-ordination with the Company to reduce operational conflict.

Utility providers (including State Electricity Commission)

Identify whether any infrastructure (for example, an overhead high tension line) is located on parcels to be surrendered or closed. Review whether the Agreement or the Act allocates costs for removal; the Preamble mentions such removal and liability but the operative clauses do not appear to set out cost allocation. Seek confirmation from the Crown on cost responsibility and ensure proper consents and safe work plans for restructuring infrastructure.

Local government and rating authorities

Note Agreement cl 16: the purchase price shall not be taken as evidence of unimproved value for rating or taxation. Record this constraint and update valuation policies accordingly. Any attempt to use the contract price as a valuation benchmark for these parcels should be avoided absent express legislative change.

Record-keeping and evidence

All parties should maintain contemporaneous documentary evidence of payments, registrations, ministerial approvals, survey and Crown grant fee payments, levelling and grading works, and notices. Those documents constitute the triggers and proof of compliance necessary to effect the statutory changes under s 4 and to vindicate or defend against contractual remedies.

Risk management and insurance

The Company must have indemnity and insurance arrangements to meet the obligations under Agreement cl 17(k). The Crown and Commissioners should verify insurance levels and hold appropriate indemnities before allowing testing ground operations to commence.

Final note on timing and enforcement

Because many key rights and duties are triggered by the Act coming into operation and by registration, prompt coordination among government conveyancers, the Company’s legal and finance teams, surveyors and the Office of Titles is essential. Failure to observe the timing and registration requirements may cause forfeiture and loss of rights that are difficult to remediate.

Port Melbourne (Aircraft Agreement) Land Act 1937

Plain English Summary

Deep Dive

What it does

Current sections

Port Melbourne (Aircraft Agreement) Land Act 1937

Source text: opening excerpt

1 Port Melbourne (Aircraft Agreement) Land Act 1937

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