1South Melbourne Land Act 1986

Version No. 011 South Melbourne Land Act 1986 No. 99 of 1986 Version incorporating amendments as at 8 February 2008 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Designated area 1 4 Closure of roads and extinguishment of easements and restrictive covenants 1 5 Sale of land 3 6 Issue of Crown grant 4 7 Arrangements with other persons 4 8 Land Act 1958 and Crown Land (Reserves) Act 1978 not affected 5 9 Reports 5

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SCHEDULE 6 ═══════════════ ENDNOTES 7

1. General Information 7
2. Table of Amendments 8
3. Explanatory Details 9 i

Version No. 011 South Melbourne Land Act 1986 No. 99 of 1986 Version incorporating amendments as at 8 February 2008 The Parliament of Victoria enacts as follows: 1 Purpose The purpose of this Act is to make provision for the use of Crown lands on part of the south bank of the Yarra River to facilitate the redevelopment of that area and for other purposes. 2 Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3 Designated area In this Act, designated area means the land shown enclosed within the heavy black broken line on the plan in the Schedule. 4 Closure of roads and extinguishment of easements and restrictive covenants (1) The Minister may recommend to the Governor in Council— (a) that the whole or part of any road within the designated area be closed; or (b) that any easement or restrictive covenant within the designated area be extinguished. (2) The Governor in Council may by Order give effect to a recommendation of the Minister under subsection (1). 1

South Melbourne Land Act 1986 No. 99 of 1986 s. 4 (3) The Minister must, before making a recommendation to the Governor in Council— (a) cause notice of the Minister's intention to make that recommendation to be given to— (i) the owners of any land which the Minister considers is likely to be substantially affected by the carrying into effect of the recommendation; and (ii) the council of the municipality in which the land to which the recommendation relates is situated; and (b) give any owner or council notified an opportunity of making objections to the recommendation; and (c) have due regard to all those objections, if any, and to any other matter that may be prescribed. (4) On the publication of any Order in relation to roads— (a) the road or the part of the road closed ceases to be a road or a part of a road; and (b) all rights and interests existing or claimed in the land forming the road or the part of the road closed are extinguished; and (c) the land forming the road or the part of the road closed— (i) is freed from all limitations, restrictions and encumbrances; and (ii) becomes unalienated land of the Crown; and (iii) vests in the Minister. 2

South Melbourne Land Act 1986 No. 99 of 1986 s. 5 (5) On the publication of any Order extinguishing an easement or restrictive covenant, the easement or restrictive covenant is extinguished. (6) Any owner of land who is substantially affected by the carrying into effect of a recommendation of the Minister is entitled to be compensated. (7) The amount of compensation is to be agreed between the Minister and the owner, but if they cannot agree, the amount is to be determined as if the claim for compensation was a claim against a council under Part XLIV of the Local Government Act 1958, and for this purpose, that Part applies to this section with any adaptations that are necessary. (8) If the land forming the part of any road closed by Order is not land under the operation of the Transfer of Land Act 1958, the publication of the Order brings the land under the operation of that Act. (9) The Registrar of Titles must make any recordings in the Register that are necessary to give effect to this Act and may require the holder of any relevant certificate of title to deliver it to the Registrar. S. 4(9) substituted by No. 18/1989 s. 13(Sch. 2 item 82).