Victorian Legislation and Parliamentary Documentsi
Version No. 001
Richmond and Hawthorn Lands Act 1970
Act No. 7957/1970
Version as at 3 March 2003
TABLE OF PROVISIONS
Section Page
Short title 4
Definition 4
Excision of land to be surveyed from reservation and Crown
grant of Richmond Park 5
Power to excise area to be surveyed from reservation and
Crown grant of Richmond Park 6
Power to excise area to be surveyed from reservation and
Crown grant of Richmond Park 7
Victorian Legislation and Parliamentary Documents1
Version No. 001
Richmond and Hawthorn Lands Act 1970
Act No. 7957/1970
Version as at 3 March 2003
An Act relating to certain Lands in the Cities of Richmond and
Hawthorn and for other purposes.
Preamble
WHEREAS certain land in the City of Richmond
was by Order in Council of the 13th day of
October, 18731 permanently reserved as a site for
public park and recreation designated Richmond
Park and by Crown grant dated the 19th day of
November, 1886 granted to the Board of Land and
Works and the Mayor Councillors and Citizens of
the City of Richmond:
AND WHEREAS it is provided by the Richmond
(South-Eastern Freeway) Lands Act 1967 that
on completion by the Melbourne and Metropolitan
Board of Works of works in connexion with the
diversion of the Yarra River in the locality north-
west of Heyington railway station in the city of
Prahran and the extension of the metropolitan main
highway known as the South-Eastern Freeway
through the said land and certain other land and
upon the registration in the Office of Titles of a
transfer and surrender to Her Majesty of certain
land the said Order in Council and Crown grant
shall be deemed to relate also to that land and to
certain other lands:
AND WHEREAS—
(a) sections of the Yarra Boulevard have been
constructed and maintained by the Public
Works Department and are now to be
maintained by the Country Roads Board;
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(b) portion of the land to which the said Order in
Council and Crown grant relate has been
used for the construction of the section of the
Yarra Boulevard which runs from the
MacRobertson Bridge easterly northerly
westerly and northerly to Bridge-road in the
city of Richmond;
(c) in consequence of the construction of the
extension to the said highway and diversion
of the Yarra River it is necessary that part of
the said section of the Yarra Boulevard be
re-constructed in a new position between the
said highway and the right bank of the Yarra
River in its diverted course; and
(d) it is expedient that a strip of land containing
not more than 21 acres, being the land on
which the said section of the Yarra
Boulevard is constructed or is to be
re-constructed in a new position as aforesaid
but not including the land occupied in its old
position by the part to be re-constructed, be
excised from the land to which the said Order
in Council and Crown grant relate or are to
be deemed to relate and become a public
road:
AND WHEREAS the area and position of the
boundaries of the strip of land required for the
Yarra Boulevard cannot be exactly determined
until the works in connexion with the diversion of
the Yarra River and the extension of the said
highway have been completed:
AND WHEREAS by reason of the construction of
the extension to the said highway and the taking of
lands for that purpose, the schools known as
St. Kevin's College and Scotch College have been
adversely affected in their sporting facilities and it
is expedient to make provision whereby the loss
they have suffered may be mitigated:
Preamble
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AND WHEREAS it is expedient that an area of not
more than 3 roods and 10 perches between the
Yarra Boulevard and the Yarra River being the
area approximately indicated by hatching on the
plan in the First Schedule be excised from the land
to which the said Order in Council relates in order
that it may be leased as hereinafter provided:
AND WHEREAS the said St. Kevin's College is
conducted by a community whose property is held
by trustees who are a body corporate incorporated
under the Act of the Parliament of New South
Wales known as the Roman Catholic Church
Communities' Lands Act 1942 under the name of
the "Trustees of the Christian Brothers":
AND WHEREAS the land indicated by hatching
on the plan in the Second Schedule is by virtue of
the provisions of the Richmond High School
Land Act 1967 permanently reserved for the
purposes of a State High School and in order to
provide a site for a boathouse for the use of the
said high school it is expedient that an area of not
more than 2 roods and 35 perches between the land
reserved by virtue of the said Act and the Yarra
River being the area indicated by cross-hatching on
the plan in the Second Schedule be excised from
the land to which the said Order in Council relates
and be added to the land reserved by virtue of the
said Act:
AND WHEREAS—
(a) the land delineated and shown hatched on the
plan in the Third Schedule is part of a road in
the city of Hawthorn known as Morrison-
street;
(b) the Melbourne and Metropolitan Board of
Works is registered as the proprietor of an
estate in fee simple in the land comprised in
certificate of title entered in the register book
of the Office of Titles volume 8740 folium
170 being part of Crown portion 11 in the
Parish of Boroondara;
Preamble
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(c) the land delineated and shown cross-hatched
on the plan in the Third Schedule is part of
the land comprised in the said certificate of
title;
(d) it is expedient that the said portion of the said
road be closed and that the land comprised
therein be granted to The Presbyterian
Church of Victoria Trusts Corporation and
the said land shown cross-hatched on the said
plan should be a public highway:
AND WHEREAS the said Scotch College is
conducted on land abutting Morrison-street in the
city of Hawthorn held in fee simple by The
Presbyterian Church of Victoria Trusts
Corporation, a body corporate incorporated under
the Presbyterian Trusts Act 1890:
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 Richmond and
Hawthorn Lands Act 1970.
Definition
In this Act unless inconsistent with the context or
subject-matter—
"reserved land" means the land reserved by the
hereinbefore recited Order in Council of the
13th day of October, 1873 and comprised in
Crown grant entered in the register book of
the Office of Titles volume 1902 folium 326
and includes the land to which the said Order
in Council and Crown grant are by virtue of
the provisions of the Richmond (South-
s. 1
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Eastern Freeway) Lands Act 1967 to be
deemed to relate.
3. Excision of land to be surveyed from reservation
and Crown grant of Richmond Park
(1) Upon submission to the Minister of Lands of a
plan or plans of survey signed by the Surveyor-
General showing the strip of the reserved land on
the right bank of the Yarra River between the
MacRobertson Bridge and Bridge-road which is
required for the Yarra Boulevard and containing
not more than 21 acres, the Minister may
recommend to the Governor in Council that the
said land be excised from the reservation.
(2) Upon receiving such a recommendation the
Governor in Council may by proclamation
published in the Government Gazette revoke the
hereinbefore recited Order in Council of the 13th
day of October, 1873 and Crown grant dated the
19th day of November, 1886 so far as they relate
or are to be deemed to relate to the land shown in
the plan or plans of survey.
(3) On the day on which a proclamation revoking the
said Order in Council as provided in sub-section
(2) is published in the Government Gazette every
other Order in Council or proclamation so far as it
reserves or affects or purports to reserve or affect
the land shown in the plan or plans of survey shall
also be revoked and the said land—
(a) shall notwithstanding anything in any Act
become and be unalienated land of the
Crown freed and discharged from all trusts
encumbrances reservations limitations and
restrictions whatsoever and from every estate
or interest therein; and
s. 3
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(b) shall be deemed to be proclaimed as a road
under the provisions of section 25 of the
Land Act 1958.
4. Power to excise area to be surveyed from
reservation and Crown grant of Richmond Park
(1) Upon submission to the Minister of Lands of a
plan of survey signed by the Surveyor-General of
not more than 3 roods and 10 perches of the
reserved land corresponding as nearly as
practicable with the land indicated by hatching on
the plan in the First Schedule and upon being
satisfied that the land described in the plan of
survey does so correspond the Minister may
recommend to the Governor in Council that the
land shown in the plan of survey be excised from
the reservation.
(2) Upon receiving a recommendation pursuant to
sub-section (1) the Governor in Council may by
proclamation published in the Government
Gazette revoke the said Order in Council of the
13th day of October, 1873 and Crown grant dated
the 19th day of November, 1886 so far as they
relate to the land shown in the plan of survey.
(3) On the day on which a proclamation revoking the
said Order in Council as provided in sub-section
(2) is published in the Government Gazette every
other Order in Council or proclamation so far as it
reserves or affects or purports to reserve or affect
the land shown in the plan of survey shall also be
revoked and the said land—
(a) shall become and be unalienated land of the
Crown freed and discharged from all trusts
encumbrances reservations limitations and
restrictions whatsoever and from every estate
or interest therein; and
s. 4
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(b) may from time to time be leased pursuant to
section 134 of the Land Act 1958 to the
Trustees of the Christian Brothers of Mount
St. Mary's, Albert-road, Strathfield in the
State of New South Wales for the purposes
of a boat-house and dressing rooms and
purposes connected therewith for use in
connexion with St. Kevin's College.
5. Power to excise area to be surveyed from
reservation and Crown grant of Richmond Park
(1) Upon submission to the Minister of Lands of a
plan of survey signed by the Surveyor-General of
not more than 2 roods and 35 perches of the
reserved land corresponding as nearly as
practicable with the land indicated by cross-
hatching on the plan in the Second Schedule and
upon being satisfied that the land described in the
plan of survey does so correspond the Minister
may recommend to the Governor in Council that
the land shown in the plan of survey be excised
from the reservation.
(2) Upon receiving a recommendation pursuant to
sub-section (1) the Governor in Council may by
proclamation published in the Government
Gazette revoke the said Order in Council of the
13th day of October, 1873, the Crown grant dated
the 19th day of November, 1886 so far as they
relate to the land shown in the plan of survey.
(3) On the day on which a proclamation revoking the
said Order in Council as provided in sub-section
(2) is published in the Government Gazette every
other Order in Council or proclamation so far as it
reserves or affects or purports to reserve or affect
the land shown in the plan of survey shall also be
revoked and the said land—
s. 5
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(a) shall become and be unalienated land of the
Crown freed and discharged from all trusts
encumbrances reservations limitations and
restrictions whatsoever and from every estate
or interest therein; and
(b) shall be deemed to be permanently reserved
as an addition to the land reserved for the
purposes of a State High School by virtue of
the Richmond High School Land Act 1967.
6. Closure of portion of Morrison-street
(1) The land delineated and shown hatched on the
plan in the Third Schedule shall be closed as a
road and all rights easements and privileges
existing or claimed either in the public or by any
body or person whatsoever or whomsoever as
incident to any past dedication or supposed
dedication thereof or by user thereof or by any
fiction of law shall cease and determine and the
said land shall be deemed to be and may be dealt
with as unalienated land of the Crown.
(2) Upon payment to the Treasurer of Victoria of the
sum of $28,800 the Governor in Council may
grant the land delineated and shown hatched on
the plan in the Third Schedule to The Presbyterian
Church of Victoria Trusts Corporation in fee
simple subject to such covenants conditions
reservations exceptions and restrictions as the
Governor in Council thinks fit.
(3) The land delineated and shown cross-hatched on
the plan in the Third Schedule shall be deemed to
be dedicated to the public as a public highway.
s. 6
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(4) The Registrar of Titles is hereby authorized and
directed to make all such entries or endorsements
on the said certificate of title and the duplicate
thereof or on any other document as may be
necessary or expedient in consequence of this Act
and the holder of the duplicate certificate of title
or other document shall produce it to the Registrar
of Titles for that purpose.
7. No liability to attach to Crown
No person or body of persons whosoever 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.
s. 7
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SCHEDULES
FIRST SCHEDULE
Land, having an area of approximately 3 roods and 10 perches and being
part of the land in the City of Richmond, Parish of Jika Jika,
permanently reserved as a site for public park and recreation
designated "Richmond Park" which may be excised from the
reservation and leased for the purposes of a boat-house and dressing
rooms and purposes connected therewith for use in connexion with
St. Kevin's College.
Preamble and
section 4.
Sch. 1
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SECOND SCHEDULE
Lands in the city of Richmond parish of Jika Jika reserved and to be reserved
for the purposes of a State High School.
Preamble and
section 5.
Sch. 2
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THIRD SCHEDULE
Lands in the City of Hawthorn, Parish of Boroondara.
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Preamble and
section 6.
Sch. 3
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ENDNOTES
General Information
The Richmond and Hawthorn Lands Act 1970 was assented to on 7 April
1970 and came into operation on 7 April 1970.
Endnotes
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2. Table of Amendments
There are no amendments made to the Richmond and Hawthorn Lands Act
1970 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
1 Preamble: Government Gazettes 19 September 1873 page 1651 and
14 November 1873 page 2004.
Endnotes