Version incorporating amendments as at
15 December 2017
table of provisions
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
Part 2—Revocation of reservations for Royal Children's Hospital project 3
4 Revocation of reservations—excised land 3
5 Consequences of revoking reservations 3
6 Registrar of Titles to make necessary amendments 3
Part 3—New Hospital site and re‑reservation of surplus project land 4
7 Declaration of project completion 4
8 Plan of survey—new Hospital site 4
9 Minister to prepare plan of surplus project land 5
10 New Hospital site and Royal Park land 5
11 Leases to continue despite revocation of reservations 8
12 Registrar of Titles to make necessary amendments 8
Part 4—Land management 9
13 Application 9
14 Power to enter into leases 9
15 Power to grant licences over land 10
Schedules 11
Schedule 1—Land in respect of which reservations are revoked 11
Schedule 2—Plan of excised land 12
Endnotes 13
1 General information 13
2 Table of Amendments 15
3 Amendments Not in Operation 16
4 Explanatory details 17
Version No.002
Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Version incorporating amendments as at
15 December 2017
Preamble
The current site of the Royal Children's Hospital is on land which is temporarily reserved as a site for the Children's Hospital and the Hospital has occupied this site since 1963.
As the current design of the Hospital is no longer consistent with its status as a world class paediatric hospital, the development of a new Royal Children's Hospital on a site in Royal Park to the north-west of the current Hospital is proposed.
To facilitate this development, it is necessary to revoke part of the reservations over certain land, provide for the re-reservation of that land and the majority of the old Hospital site on completion of the project and for the management of the land comprising the new site.
The Parliament of Victoria therefore enacts:
Part 1—Preliminary
1 Purpose
The main purpose of this Act is to provide for—
(a) the revocation of part of the reservation of Royal Park to provide for a new site for the construction of a new Royal Children's Hospital;
(b) the re-reservation of that land and the majority of the old Hospital site;
(c) leasing and licensing arrangements.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 January 2009, it comes into operation on that day.
3 Definitions
In this Act—
declaration of project completion means a declaration under section 7;
excised land means the land shown hatched and cross-hatched on the plan in Schedule 2;
new Hospital site means the land shown on the plan of survey prepared under section 8;
old Hospital site means the land temporarily reserved as a Site for the Children's Hospital by Order in Council dated 21 March 1950, published in the Government Gazette dated 29 March 1950 at page 1743;
project land means—
(a) the excised land; and
(b) the old Hospital site;
surplus project land means the land shown on the plan of survey prepared under section 9.
Part 2—Revocation of reservations for Royal Children's Hospital project
4 Revocation of reservations—excised land
(1) The Order in Council specified in item 1 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.
(2) The Order in Council specified in item 2 of Schedule 1 is revoked to the extent that it applies to the land shown cross-hatched on the plan in Schedule 2.
5 Consequences of revoking reservations
On the revocation of a reservation of land under this Part—
(a) that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
6 Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.
Part 3—New Hospital site and re‑reservation of surplus project land
7 Declaration of project completion
(1) The Minister administering the Health Services Act 1988 must make a declaration of project completion on being satisfied that—
(a) the construction of the buildings comprising the new Royal Children's Hospital is complete; and
(b) the buildings comprising the former Royal Children's Hospital on the old Hospital site which are not part of the new Royal Children's Hospital are no longer needed and have been demolished.
(2) A declaration of project completion—
(a) must be published in the Government Gazette; and
(b) takes effect on the date of that publication or such later date as is specified in the declaration.
8 Plan of survey—new Hospital site
(1) After publication of the declaration of project completion, the Minister administering the Health Services Act 1988 must—
(a) cause a plan of survey to be prepared by the Surveyor-General showing the final boundaries of the new Hospital site; and
(b) ensure that—
(i) the total area of the land shown as the new Hospital site in the plan of survey is less than 4⋅1 hectares; and
(ii) the land shown in the plan of survey does not include any land that is not part of the project land.
(2) On receiving a plan of survey of the new Hospital site signed by the Surveyor-General which complies with subsection (1)(b), the Minister administering the Health Services Act 1988 must refer the plan of survey to the Minister administering this Act for approval.
(3) The Minister must not approve the plan of survey referred to him or her under subsection (2) unless satisfied that—
(a) the total area of the land shown as the new Hospital site in the plan of survey is less than 4⋅1 hectares; and
(b) the land shown in the plan of survey does not include any land that is not part of the project land.
9 Minister to prepare plan of surplus project land
After approving the plan of survey of the new Hospital site under section 8(3), the Minister administering this Act must cause a plan of survey to be prepared by the Surveyor-General showing the project land which is not part of the new Hospital site.
10 New Hospital site and Royal Park land
(1) After the approval of the plan of survey of the new Hospital site and the preparation of the plan of survey of the surplus project land, the Minister administering this Act must recommend to the Governor in Council that an Order be made under this section in respect of the land shown in those plans of survey.
(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may make an Order in respect of the land shown in those plans of survey—
(a) reserving the new Hospital site for hospital purposes; and
(b) reserving the surplus project land as a public park to form part of Royal Park.
(3) On the publication of an Order under this section in respect of the new Hospital site—
(a) subject to paragraph (d), that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and
(d) that land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for hospital purposes; and
(e) the Royal Children's Hospital, being a public health service incorporated under section 65P of the Health Services Act 1988, is deemed to be the committee of management of that land appointed under the Crown Land (Reserves) Act 1978.
(4) On the publication of an Order under this section in respect of the surplus project land —
(a) subject to paragraph (d), that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and
(d) that land is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 as a public park and to form part of Royal Park; and
(e) the Melbourne City Council is deemed to be the committee of management of that land appointed under the Crown Land (Reserves) Act 1978.
(5) An Order published in the Government Gazette under this section must include—
(a) a copy of—
(i) the approved plan of survey of the new Hospital site; and
(ii) the plan of survey of the surplus project land; or
S. 10(5)(b) amended by No. 53/2017 s. 92.
(b) if it is not practical to publish either or both plans of survey due to size, complexity or other technical matters, reference to the plan or plans lodged in the Central Plan Office.
11 Leases to continue despite revocation of reservations
(1) Nothing in section 10 affects the status or continuity of any lease of any land which forms part of the new Hospital site if that lease was entered into after the commencement of Part 2 and is in existence immediately before the land is reserved by an Order under that section.
(2) Nothing in section 10 affects the status or continuity of any lease of any land which forms part of the old Hospital site in existence immediately before the land is reserved by an Order under that section.
(3) In this section lease includes an agreement, licence, option to renew or other interest arising under or in relation to a lease (whether or not the lease has expired) and an interest in the nature of a lease.
12 Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.
Part 4—Land management
13 Application
(1) This Part has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.
(2) The powers of the committee of management of the new Hospital site under this Part are in addition to, and do not limit, the powers of that committee of management as a committee of management under the Crown Land (Reserves) Act 1978.
14 Power to enter into leases
(1) Subject to the written approval of the Minister, the committee of management of the new Hospital site may grant a lease of the new Hospital site or any part of the new Hospital site.
(2) The Minister must not approve a lease under this section unless he or she is satisfied that the purpose for which the lease is to be granted is not inconsistent with the purposes for which the land is reserved.
(3) A lease granted under this section may be for a term not exceeding 30 years.
(4) A lease granted under this section—
(a) may contain options for the lessee to renew the lease for a further term or terms, but the aggregate of the original term and the further term or terms must not exceed 30 years; and
(b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and
(c) is subject to any covenants, exceptions, reservations and conditions that are determined by the committee of management of the new Hospital site and approved in writing by the Minister.
15 Power to grant licences over land
(1) Subject to the written approval of the Minister, the committee of management of the new Hospital site may grant a licence to enter and use any part of the new Hospital site.
(2) The Minister must not approve a licence under this section unless he or she is satisfied that the purpose for which the licence is to be granted is not inconsistent with the purposes for which the land is reserved.
(3) A licence granted under this section—
(a) may be for a period not exceeding 30 years; and
(b) is subject to the terms and conditions determined by the committee of management of the new Hospital site and approved in writing by the Minister.
Schedules
Schedule 1—Land in respect of which reservations are revoked
Section 4
Item 1—Royal Park 1876
Situation of land:
City of Melbourne, Parish of Jika Jika, County of Bourke, being part of Royal Park.
Instrument and date of reservation:
Order in Council dated 20 November 1876, published in the Government Gazette dated 24 November 1876, page 2158.
Description of land by reference to Government Gazette:
Government Gazette dated 20 October 1876, page 1934.
Purpose of reservation:
Site for a Public Park.
Extent of revocation:
The land shown hatched on the plan in Schedule 2.
Item 2—Land Adjoining Royal Park (1882)
Situation of land:
City of Melbourne, Parish of Jika Jika, County of Bourke.
Instrument and date of reservation:
Order in Council dated 18 April 1882, published in the Government Gazette dated 20 April 1882, page 904.
Description of land by reference to Government Gazette:
Government Gazette dated 24 February 1882, page 510.
Purpose of reservation:
Site for Public Park.
Extent of revocation:
The land shown cross-hatched on the plan in Schedule 2.
Schedule 2—Plan of excised land
Sections 3, 4
GP2409
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: 19 July 2007
Legislative Council: 23 August 2007
The long title for the Bill for this Act was "A Bill for an Act to provide for the revocation of part of the reservation of Royal Park to provide for a new site for the construction of a new Royal Children's Hospital, to provide for the re-reservation of that and other land, to provide for leasing and licensing arrangements over certain land and for other purposes."
The Royal Children's Hospital (Land) Act 2007 was assented to on 25 September 2007 and came into operation on 5 November 2007: Government Gazette 1 November 2007 page 2519.
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 Royal Children's Hospital (Land) Act 2007 by Acts and subordinate instruments.