Victorian Legislation and Parliamentary Documentsi
Version No. 001
Queen Victoria Market Lands Act 1996
Act No. 78/1996
Version as at 14 September 1999
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 2
Purposes 2
Commencement 2
PART 2—QUEEN VICTORIA MARKET SITE 2
Revocation of reservations and Crown grants—Queen Victoria
Market site 3
Consequences of revoking reservations 3
Surrender of City of Melbourne land—Queen Victoria Market
site 4
Closure of roads 4
Issue of Crown grant 5
Certain leases not affected 5
Registrar-General and Registrar of Titles to make necessary
amendments 6
Repeal of various Acts relating to site 6
SCHEDULES 7
SCHEDULE 1—Land in respect of which reservations are revoked 7
SCHEDULE 2—Plan of road to be closed—Queen Street 9
SCHEDULE 3—Plan of road to be closed—Peel Street 10
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ENDNOTES 11
General Information 11
Table of Amendments 12
Explanatory Details 13
Victorian Legislation and Parliamentary Documents1
Version No. 001
Queen Victoria Market Lands Act 1996
Act No. 78/1996
Version as at 14 September 1999
Preamble
In 1867, certain land in Melbourne was set aside
for market purposes by Order in Council dated
4 March 1867 and granted to the City of
Melbourne for general market purposes by Crown
grant Volume 345 Folio 861.
In 1877, the Melbourne General Market Site Act
1877 added further land to the site. This was
granted to the City of Melbourne by Crown grant
Volume 1098 Folio 421 which restricted the land
to use for general market purposes.
In 1880, an additional parcel was added to the site
and reserved for market purposes by virtue of an
Order in Council dated 1 March 1880 and Crown
grant Volume 1182 Folio 224 which granted the
land to the City of Melbourne for general market
purposes.
In 1904, by virtue of the Melbourne Lands
Exchange Act 1904, a further parcel of land was
added to the site by conveyance from the
Commonwealth to the City of Melbourne.
In 1917, the Melbourne General Market Lands
Act 1917 added further land to the market site.
This was granted to the City of Melbourne by
Crown grant Volume 4776 Folio 117 for use as a
site for a market.
To facilitate the operation of the Queen Victoria
Market by the City of Melbourne, it is necessary to
revoke the reservations and the Crown grants,
provide for the surrender of the land which is the
subject of the conveyance under the 1904 Act and
close part of two roads so that part of the site can
Victorian Legislation and Parliamentary DocumentsPart 1—Preliminary
Queen Victoria Market Lands Act 1996
Act No. 78/1996
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be granted to the City of Melbourne for market
purposes and part of the land can be granted to the
City of Melbourne for other purposes related to
market uses.
The Parliament of Victoria therefore enacts as follows:
PART 1—PRELIMINARY
Purposes
The purposes of this Act are—
(a) to revoke the permanent reservations and
Crown grants in respect of the Queen
Victoria Market site; and
(b) to provide for the closure of part of two
roads on the site; and
(c) to provide for the surrender to the Crown by
the City of Melbourne of certain land
forming part of the site; and
(d) to enable the granting by the Crown of the
lands comprising the site to the City of
Melbourne; and
(e) to make provision for related matters.
Commencement
(1) Part 1 comes into operation on the day on which
this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1997, it
comes into operation on that day.
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PART 2—QUEEN VICTORIA MARKET SITE
3. Revocation of reservations and Crown grants—
Queen Victoria Market site
(1) The Orders in Council specified in items 1 to 4 of
Schedule 1 are revoked.
(2) The following Crown grants are revoked—
(a) Crown grant Volume 1182 Folio 224;
(b) Crown grant Volume 4776 Folio 117;
(c) Crown grant Volume 345 Folio 861;
(d) Crown grant Volume 1098 Folio 421.
(3) The following folios of the Register are
cancelled—
(a) Certificate of Title Volume 4220 Folio 975;
(b) Certificate of Title Volume 4220 Folio 974.
(4) This section has effect despite anything to the
contrary in any Act, law or instrument.
4. Consequences of revoking reservations
On the revocation of an Order in Council
reserving land, the land to which the Order
relates—
(a) is divested from the City of Melbourne; and
(b) reverts to the Crown; and
(c) subject to section 8, is deemed to be
unalienated land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests.
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5. Surrender of City of Melbourne land—Queen
Victoria Market site
By force of this section, the land described in
Memorial No. 155 Book 430 in the Office of the
Registrar-General—
(a) ceases to be subject to the restriction
imposed by section 4 of the Melbourne
Lands Exchange Act 1904; and
(b) is divested from the City of Melbourne; and
(c) reverts to the Crown; and
(d) subject to section 8, is deemed to be
unalienated land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests.
6. Closure of roads
(1) The part of the road shown hatched on the plan in
Schedule 2 is closed and ceases to be a road.
(2) The part of the road shown hatched on the plan in
Schedule 3 is closed and ceases to be a road.
(3) On the closure of a part of a road under sub-
section (1) or (2)—
(a) all rights, easements and privileges existing
or claimed by either the public or any body
or person as part of any express or implied
grant or past dedication or supposed
dedication or by user or by operation or any
fiction of law cease; and
(b) subject to section 8, the land is deemed to be
unalienated Crown land, freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests.
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7. Issue of Crown grant
(1) The Governor in Council, on behalf of the Crown,
may grant to the City of Melbourne for an estate
in fee simple any land that is deemed under this
Act to be unalienated Crown land.
(2) A Crown grant under this section is subject to any
terms, conditions, covenants, exceptions,
reservations and limitations that the Governor in
Council may determine.
(3) A Crown grant under this section may make any
adjustments necessary to correct any defect in
boundaries found on survey.
8. Certain leases not affected
(1) Sections 3 to 6 do not affect the status or
continuity of any lease relating to the land
specified in Schedule 1 or the land to which
section 5 applies and existing immediately before
the commencement of this section.
(2) A lease referred to in sub-section (1) has effect
from the commencement of this section—
(a) as a lease between the Minister
administering the Land Act 1958 as lessor
and the lessee for the time being under the
lease, as if it had been assigned to the
Minister; and
(b) as if it referred to the Minister instead of the
lessor.
(3) The issue of a Crown grant under section 7 of
any land affected by a lease referred to in sub-
section (1) and existing immediately before the
date of issue of the Crown grant does not affect
the status or continuity of the lease of that land
and that lease has effect on and from the issue of
the Crown grant as a lease between the City of
Melbourne as lessor and the lessee for the time
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being under the lease, as if it had been assigned to
the City of Melbourne.
(4) This section has effect despite anything to the
contrary in any Act or law or in a Crown grant of
the land.
(5) Nothing done by virtue of this section is to be
regarded as placing any person in breach of, or as
constituting a default under, any provision of a
lease, including any provision prohibiting,
restricting or regulating the assignment of the
lease.
9. Registrar-General and Registrar of Titles to make
necessary amendments
(1) On being requested to do so, the Registrar-
General must make all entries in the records of
enrolment of any Crown grant and on any
memorial relating to land that are necessary
because of the operation of any provision of this
Act.
(2) On being requested to do so and without requiring
the production of the certificates of title or
duplicate Crown grants, the Registrar of Titles
must make any amendments to the Register under
the Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Act.
10. Repeal of various Acts relating to site
The following Acts are repealed—
(a) Melbourne General Market Site Act 1877;
(b) Melbourne Lands Exchange Act 1904;
(c) Melbourne General Market Lands Act
1917.
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SCHEDULES
SCHEDULE 1
LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED
Item 1
Situation and area of
land
City of Melbourne at West Melbourne, Parish of
Melbourne North, 9637 square metres, being
Crown Allotment 1, Section A
Instrument and date of
reservation
Order in Council dated 4 March 1867
Description of land by
reference to Government
Gazette
Government Gazette dated 12 March 1867, page
521
Particulars of
registration of Crown
grant
Certificate of Title Volume 4220 Folio 975
(derived from Crown grant Volume 345 Folio
861)
Purpose of reservation Site for general market purposes
Extent of revocation The entire reserve
Item 2
Situation and area of
land
City of Melbourne at West Melbourne, Parish of
Melbourne North, 1⋅839 hectares, being Crown
Allotment 2, Section F
Instrument and date of
reservation
Order in Council dated 30 September 1878
Description of land by
reference to Government
Gazette
Government Gazettes dated 30 August 1878,
page 2138 and 4 October 1878, page 2442
Particulars of
registration of Crown
grant
Certificate of Title Volume 4220 Folio 974
(derived from Crown grant Volume 1098 Folio
421)
Purpose of reservation Site for a general market
Extent of revocation The entire reserve
Sch. 1
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Item 3
Situation and area of
land
City of Melbourne at West Melbourne, Parish of
Melbourne North, 716 square metres, being
Crown Allotment 1A, Section A
Instrument and date of
reservation
Order in Council dated 1 March 1880
Description of land by
reference to Government
Gazette
Government Gazettes dated 6 February 1880,
page 325 and 5 March 1880, page 540
Particulars of
registration of Crown
grant
Crown grant Volume 1182 Folio 224
Purpose of reservation Site for general market purposes
Extent of revocation The entire reserve
Item 4
Situation and area of
land
City of Melbourne at West Melbourne, Parish of
Melbourne North, 4⋅176 hectares, being Crown
Allotment 1, Section F
Instrument and date of
reservation
Order in Council dated 14 December 1922
Description of land by
reference to Government
Gazette
Government Gazettes dated 15 November 1922,
page 3016 and 20 December 1922, page 3472
Particulars of
registration of Crown
grant
Crown grant Volume 4776 Folio 117
Purpose of reservation Site for a market
Extent of revocation The entire reserve
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Sch. 1
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SCHEDULE 2
PLAN OF ROAD TO BE CLOSED—QUEEN STREET
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Sch. 2
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SCHEDULE 3
PLAN OF ROAD TO BE CLOSED—PEEL STREET
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Sch. 3
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ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 14 November 1996
Legislative Council: 10 December 1996
The long title for the Bill for this Act was "A Bill to revoke the permanent
reservations and Crown grants and provide for the surrender of certain land in
relation to the Queen Victoria Market site, to provide for the granting of that
land to the City of Melbourne, to repeal the Melbourne General Market
Site Act 1877, the Melbourne Lands Exchange Act 1904 and the
Melbourne General Market Lands Act 1917 and for other purposes."
The Queen Victoria Market Lands Act 1996 was assented to on
17 December 1996 and came into operation as follows:
Part 1 (sections 1, 2) on 17 December 1996: section 2(1); rest of Act on 1 July
1997: section 2(3).
Endnotes
Victorian Legislation and Parliamentary DocumentsQueen Victoria Market Lands Act 1996
Act No. 78/1996
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2. Table of Amendments
There are no amendments made to the Queen Victoria Market Lands Act
1996 by Acts and subordinate instruments.
Endnotes
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Act No. 78/1996
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3. Explanatory Details
No entries at date of publication.
Endnotes