Version incorporating amendments as at
7 June 2011
table of provisions
Section Page
1 Short title 5
2 Definitions 5
3 Revocation of appropriation Order in Council and Crown grant relating to Melbourne Hospital site 6
4 Power to hospital to sell land described in First Schedule and buildings and improvements thereon 7
5 Revocation of certain Orders in Council 7
6 Corporation to provide hospital on land described in Fourth Schedule 8
7 Proceeds of sale how to be applied 9
8 Power to corporation to borrow on mortgage of land described in First Schedule or upon other security approved by the Governor in Council 9
9 Sale of land etc. authorized notwithstanding trusts etc. 10
10 Receipts by the corporation or its attorney 10
11 Committee to keep accounts of moneys received and expended 11
SCHEDULES 12
SCHEDULE 1—Melbourne Hospital site 12
SCHEDULE 2 13
SCHEDULE 3 14
SCHEDULE 4 15
SCHEDULE 5—Repealed 16
ENDNOTES 17
General Information 17
Table of Amendments 18
Explanatory Details 19
Version No.002
Royal Melbourne Hospital Act 1935
No. 4342 of 1935
Version incorporating amendments as at
7 June 2011
An Act to provide for the Sale of certain Land in the City of Melbourne granted by the Crown as a Site or Place to be used as and for a General Hospital and Recreation Grounds for the same and also to provide for a General Hospital on certain other Land of the Crown in the said City to be permanently reserved for a General Hospital and granted to The Royal Melbourne Hospital and for other purposes.
Preamble
WHEREAS it appears that in the year One thousand eight hundred and forty-five the Governor of New South Wales sanctioned the appropriation of certain allotments of land in the District of Port Phillip as a site for the Melbourne Hospital:
AND WHEREAS by Order in Council of the seventh day of February One thousand eight hundred and fifty-three certain lands adjacent to the said site were allowed to the said hospital for the purpose of the recreation of convalescents:
Section 1 - Royal Melbourne Hospital Act 1935 - Royal Melbourne Hospital Act 1935 | Zoe
AND WHEREAS in order to provide a site or place for a building to be used as a General Hospital in the City of Melbourne in the Colony of Victoria for the benefit of the afflicted or distressed inhabitants and sojourners for the time being of and in the said City, the land described in the First Schedule to this Act was by Crown grant bearing date the sixteenth day of March One thousand eight hundred and fifty-nine granted unto Charles Hotson Ebden, Edward Eyre Williams, and James Hunter Ross and to their heirs and assigns, nevertheless subject to and under the several conditions, provisos, and declarations in the said Crown grant contained including, inter alia, a condition that the piece or parcel of land thereby granted, and every part thereof, and the buildings which should for the time being be erected thereon, should be at all times thereafter set apart, maintained, and used as and for a General Hospital and Recreation Grounds for the same for the benefit of the afflicted or distressed inhabitants and sojourners for the time being of and in the said City and for no other purpose whatsoever:
Preamble
AND WHEREAS it was in the said Crown grant also declared that if the said piece or parcel of land, or the buildings for the time being thereon, or any part thereof respectively, should (save and except in pursuance of some power or authority thereafter to be given or conferred by law, or save and except with the consent in writing of the Governor for the time being of the said Colony) at any time cease for the space of six calendar months to be maintained or used as or for such Hospital and Recreation Grounds as aforesaid, or if the said Charles Hotson Ebden, Edward Eyre Williams and James Hunter Ross their heirs or assigns, should (save and except as aforesaid) permit or suffer the same lands and buildings, or any part thereof respectively, to be used or applied to any other purpose whatsoever, or if the said Charles Hotson Ebden, Edward Eyre Williams and James Hunter Ross their heirs and assigns, should (save and except as aforesaid) alienate or attempt to alienate in fee simple, or for any less estate or interest, the said piece or parcel of land and the buildings for the time being thereon, or any part thereof respectively, or should not at all times thereafter keep and maintain the said land and buildings respectively in proper order and repair, then in either of such cases it should be lawful for Her Majesty, Her heirs and successors, by any person or persons duly authorized in that behalf by the Governor or other Officer for the time being administering the Government of the said Colony, to re-enter upon the said hereditaments and premises, or any part thereof, and to hold, possess, and enjoy the same as fully and effectually to all intents and purposes as if the said grant had not been made:
Preamble
AND WHEREAS it was in the said Crown grant further declared that the said land and buildings respectively should be held by the said Charles Hotson Ebden, Edward Eyre Williams, and James Hunter Ross and the survivor and survivors of them, and the heirs of such survivor, their or his assigns, as Trustee or Trustees for the intents and purposes aforesaid, and for or upon no other trust, intent, or purpose whatsoever:
AND WHEREAS provision was also made in the said Crown grant for the appointment of a new trustee or of new trustees in the events therein mentioned:
AND WHEREAS no new trustee or new trustees were appointed:
AND WHEREAS buildings have from time to time been erected on the said land and the said land and buildings have been set apart maintained and used for the purposes aforesaid:
AND WHEREAS by Order in Council dated the twenty-ninth day of August One thousand eight hundred and sixty-four[1] made by the Governor in Council under the provisions in that behalf of the Act of the Parliament of Victoria 27 Victoria No. 220 the contributors for the time being to the institution called and known as the Melbourne Hospital situate in the City of Melbourne (being the hospital aforesaid) were declared to be a body politic and corporate by the style and title of "The Melbourne Hospital" (hereinafter referred to as "the corporation"):
AND WHEREAS by section ten of the said Act it was provided that all real and personal estate held in trust for any institution at the time of the incorporation thereof under the provisions of the said Act should be and the same were thereby transferred to and vested in the incorporated institution:
AND WHEREAS by virtue of the said Act the said land and trust premises were transferred to and vested in the corporation:
AND WHEREAS the corporate name of the corporation was on the twenty-seventh day of March One thousand nine hundred and thirty-five[2] changed to "The Royal Melbourne Hospital":
Preamble
AND WHEREAS by Order in Council of the thirtieth day of July One thousand nine hundred and twenty-nine[3] the land described in the Second Schedule to this Act was permanently reserved for Melbourne General Hospital:
AND WHEREAS by Order in Council of the thirtieth day of July One thousand nine hundred and twenty-nine[4] the land described in the Third Schedule to this Act was permanently reserved for general medical educational purposes:
AND WHEREAS it is expedient to revoke the hereinbefore recited Orders in Council of the thirtieth day of July One thousand nine hundred and twenty-nine respectively permanently reserving the lands described in the said Second and Third Schedules in order that the land described in the Fourth Schedule to this Act (which comprises portion of the land described in the said Second Schedule and the whole of the land described in the said Third Schedule) may be permanently reserved for a general hospital and granted to the corporation and the land described in the Fifth Schedule to this Act (which comprises the remainder of the land described in the said Second Schedule) may be permanently reserved as a site for a dental hospital and dental school and granted to the University of Melbourne:
AND WHEREAS the purposes of the corporation will be furthered and the interest thereof be promoted if provision is made as hereinafter enacted for the sale of the land described in the said First Schedule and the buildings improvements and equipments thereon and for the provision of a general hospital on the land described in the said Fourth Schedule and for the erection on the land described in the said Fourth Schedule of buildings and the making of improvements for the purposes of such hospital and for the equipment of such hospital and for carrying out upon such land the objects for which the land described in the said First Schedule was granted:
AND WHEREAS it is expedient to revoke the hereinbefore recited appropriation, the hereinbefore recited Order in Council of the seventh day of February One thousand eight hundred and fifty-three, and the hereinbefore recited Crown grant and to provide for the issue of a new Crown grant to the corporation:
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
s. 1
This Act may be cited as the Royal Melbourne Hospital Act 1935.
2 Definitions
In this Act unless inconsistent with the context or subject-matter—
corporation means The Royal Melbourne Hospital;
purchaser includes lessee;
Schedule means Schedule to this Act;
sell includes lease and sale has a corresponding meaning;
Treasurer means the Treasurer of Victoria.
3 Revocation of appropriation Order in Council and Crown grant relating to Melbourne Hospital site
s. 3
(1) On a day to be appointed by the Governor in Council by proclamation published in the Government Gazette—
(a) the hereinbefore recited appropriation sanctioned by the Governor of New South Wales;
(b) the hereinbefore recited Order in Council of the seventh day of February One thousand eight hundred and fifty-three; and
(c) the hereinbefore recited Crown grant bearing date the sixteenth day of March One thousand eight hundred and fifty-nine—
shall be hereby revoked.
(2) On or after the day so appointed the Governor in Council may notwithstanding anything to the contrary in the Land Acts issue a new Crown grant in respect of the land described in the First Schedule to the corporation subject only to such reservations exceptions and conditions as are usually incident to a Crown grant of purchased lands.
(3) Upon the issue of the new Crown grant as aforesaid to the corporation the corporation shall surrender the hereinbefore recited Crown grant bearing date the sixteenth day of March One thousand eight hundred and fifty-nine to the Registrar of Titles.
4 Power to hospital to sell land described in First Schedule and buildings and improvements thereon
(1) Upon the issue of the new Crown grant as aforesaid the corporation in such manner and for such price and upon such terms and subject to such conditions as the Governor in Council approves may—
s. 4
(a) sell the land described in the First Schedule either as one or in several lots and either at one or several times, and make such roads streets and passages and grant such easements of right of way or drainage over the same as the circumstances of the case require; and
(b) sell any buildings improvements or equipment on any of the said land.
(2) The land described in the First Schedule shall as to all parts of which possession has not been given to and taken by a purchaser or purchasers from the corporation enjoy the same immunity as at the commencement of this Act in respect of all public or municipal rates charges taxes and assessments.
5 Revocation of certain Orders in Council
(1) The hereinbefore recited Orders in Council respectively—
(a) of the thirtieth day of July One thousand nine hundred and twenty-nine relating to the land described in the Second Schedule; and
(b) of the thirtieth day of July One thousand nine hundred and twenty-nine relating to the land described in the Third Schedule—
are hereby revoked and the said lands shall be and be deemed to be unalienated lands of the Crown.
(2) The Governor in Council may in accordance with the Land Acts—
(a) permanently reserve the land described in the Fourth Schedule for a general hospital; and
S. 5(2)(b) repealed by No. 15/2011 s. 7.
(3) The Governor in Council upon being satisfied that substantial and permanent improvements have been effected by the corporation on the land described in the Fourth Schedule towards providing a general hospital thereon may subject to such covenants conditions reservations and exceptions as the Governor in Council thinks fit in the name and on behalf of His Majesty grant the said land to the corporation for the purpose of a general hospital.
S. 5(4) amended by No. 6142 s. 5(1), repealed by No. 15/2011 s. 7.
6 Corporation to provide hospital on land described in Fourth Schedule
s. 6
When a new Crown grant is issued as aforesaid in respect of the land described in the First Schedule the corporation shall forthwith take steps to provide a general hospital on the land described in the Fourth Schedule and erect such buildings and provide and install such equipment and make such improvements as are required and may do and perform all such other acts and things as are necessary for carrying into effect the purposes of this Act.
7 Proceeds of sale how to be applied
s. 7
(1) The proceeds of the sale of the land buildings improvements and equipment authorized by this Act shall be applied by the corporation for or towards the cost and expenses of or incident to providing a general hospital on the land described in the Fourth Schedule and of erecting any buildings and of equipping the same and of making improvements on the said land.
(2) The balance (if any) shall be paid into The Building Plant and Equipment Account of the corporation and be applied towards the extension of the buildings and the provision of additional equipment required by the corporation for the purposes of the hospital so provided; and pending the application thereof the said moneys shall be invested in the manner in which the corporation is authorized to invest trust funds and any income interest or profits arising out of such moneys shall be added to and be deemed to form part of the capital of such moneys.
(3) All moneys arising from the sale of the land buildings improvements and equipment authorized by this Act shall be deemed capital or principal moneys and shall be applicable only for the purposes for which the same are by this Act expressly declared applicable and shall not (whether in whole or in part or by anticipation or otherwise) be applicable for or towards the general maintenance or current expenses of the hospital.
8 Power to corporation to borrow on mortgage of land described in First Schedule or upon other security approved by the Governor in Council
Notwithstanding anything in the foregoing provisions of this Act the corporation may in such manner and upon such terms as may be approved by the Governor in Council borrow any sum or sums of money for the purposes mentioned in subsection (1) of the last preceding section upon mortgage of the land described in the First Schedule or any part of such land.
9 Sale of land etc. authorized notwithstanding trusts etc.
s. 9
(1) The sale of the land buildings improvements and equipment authorized by this Act and the borrowing of moneys under the last preceding section may be made and carried into effect notwithstanding that any such buildings were erected or any equipment thereof was provided or any improvements on such land were effected out of any trust funds of or moneys given to the corporation for the purpose of erecting or equipping any such buildings or effecting any such improvements or for any purposes of the corporation.
(2) Any moneys of or held in trust for or on behalf of the corporation for the purposes of the hospital on the land described in the First Schedule shall be applicable for the like purposes of the hospital to be provided on the land described in the Fourth Schedule.
10 Receipts by the corporation or its attorney
A receipt in writing under the common seal of the corporation or under the hand of its attorney duly authorized in that behalf shall be a sufficient discharge for the purchase money of any land buildings improvements or equipment sold under the provisions of this Act and shall effectually discharge any person paying the same therefrom and from being bound to see to the application thereof or being answerable for the loss or non‑application or mis-application thereof.
11 Committee to keep accounts of moneys received and expended
(1) The committee of the corporation shall—
s. 11
(a) cause proper accounts to be kept showing all moneys received by the corporation on the sale of the land described in the First Schedule and of any buildings improvements or equipment thereon and all moneys borrowed under this Act and of the disbursements of all such moneys aforesaid; and
(b) as and when required by the Treasurer furnish to him a true copy of any such account duly audited by the Auditor-General showing how such moneys have been expended.
(2) For the purposes of any such audit the Auditor-General shall have and may exercise all such powers as he has in relation to the audit of the public accounts.
SCHEDULES
Preamble, sections 3, 4, 6, 8, 9, 11.
FIRST SCHEDULE
Melbourne Hospital site
Sch. 1
Land of which a Crown Grant bearing date the 16th March, 1859, was issued to Charles Hotson Ebden, Edward Eyre Williams, and James Hunter Ross, as and for a General Hospital and Recreation Grounds for the same.
Four acres three roods, county of Bourke, parish of North Melbourne, being part of section 27 Melbourne:
Commencing at the south-west corner of the said section, and bounded on the south by Lonsdale-street bearing N. 62º E. ten chains, on the east by Russell-street bearing N. 28º W. four chains seventy-five links, on the north by Little Lonsdale-street bearing S. 62º W. ten chains, and on the west by Swanston-street bearing S. 28º E. four chains seventy-five links to the commencing point.
Preamble, section 5.
second SCHEDULE
Land permanently reserved for Melbourne General Hospital, also excepted from Occupation for Mining Purposes or for Residence or Business under any Miner's Right or Business Licence by Order in Council dated 30th July, 1929 (vide "Government Gazette" of 3rd July, 1929, page 1905 and of 31st July, 1929, page 2755).
Ten acres twenty-one and three-tenth perches, City of Melbourne, at Parkville, Parish of Jika Jika, County of Bourke, in the two separate portions hereinafter described, viz.:
Sch. 2
(1) Seven acres three roods thirty-two perches:
Commencing at the intersection of the north side of Grattan-street and the west side of Sydney-road; bounded thence by Grattan-street bearing
S. 89º 53' W. nine chains forty-six links; by Flemington-road bearing
N. 52º 44' W. two chains; by lines bearing N. 21º 51' E. seven chains seventy-two and five-tenth links, and S. 89º 24' E. seven chains eighty-four links; and thence by Sydney-road bearing S. 2º 20' E. eight chains twenty-eight and five-tenth links to the commencing point.
(2) Two acres twenty-nine and three-tenth perches:
Commencing at the intersection of the south side of Grattan-street and the west side of Sydney-road; bounded thence by Sydney-road bearing
S. 2º 20' E. four chains sixty-two and one-tenth links and S. 58º 5' W. one chain ten and seven-tenth links; by Flemington-road bearing N. 52º 40' W. seven chains ninety-seven and six-tenths links and N. 22º 48' E. forty and five-tenth links; and thence by Grattan-street bearing S. 89º 56' E. six chains ninety-three and six-tenth links to the commencing point.
Preamble, section 5.
THIRD SCHEDULE
Land permanently reserved for General Medical Educational Purposes also excepted from occupation for mining purposes or for residence or business under any miner's right or business licence by Order in Council of 30th July, 1929 (vide "Government Gazette" of 3rd July, 1929, page 1906 and of 31st July, 1929, page 2755).
Three acres six perches, city of Melbourne at Parkville, parish of Jika Jika, county of Bourke:
Sch. 3
Commencing at the south-east angle of the reserve for a Veterinary School; bounded thence by said reserve bearing N. 37º 28' E. four chains sixty-six links; by lines bearing S. 89º 24' E. four chains sixty-seven links and
S. 21º 51' W. seven chains seventy-two and five-tenth links; and thence by Flemington-road bearing N. 52º 44' W. five chains eighty-one and five-tenth links to the commencing point.
Preamble, sections 6, 7, 9.
fourth SCHEDULE
Land comprising portion of the land described in the Second Schedule and the land described in the Third Schedule to be permanently reserved for a General Hospital and granted to The Royal Melbourne Hospital.
Ten acres three roods thirty-eight perches, more or less, city of Melbourne, at Parkville, parish of Jika Jika, county of Bourke:
Sch. 4
Commencing at the intersection of the north side of Grattan-street and the west side of Sydney-road; bounded thence by Grattan-street bearing
S. 89º 53' W. nine chains forty-six links, by Flemington-road bearing
N. 52º 44' W. seven chains eighty-one and five-tenths links, by the Reserve for a Veterinary School bearing N. 37º 28' E. four chains sixty-six links, by the Reserve for Educational Purposes bearing S. 89º 24' E. twelve chains fifty-one links; and thence by Sydney-road aforesaid bearing S. 2º 20' E. eight chains twenty-eight and five-tenths links to the point of commencement.
Sch. 5 amended by No. 6142 s. 5(2), repealed by No. 15/2011 s. 8.
Sch. 5
ENDNOTES
General Information
Endnotes
The Royal Melbourne Hospital Act 1935 was assented to on 9 December 1935 and came into operation on 9 December 1935.
Table of Amendments
Endnotes
This Version incorporates amendments made to the Royal Melbourne Hospital Act 1935 by Acts and subordinate instruments.