St. Kilda Land Act 1965

Key statutory concepts are (i) reservation revocation by proclamation, (ii) survey and Surveyor‑General plans, (iii) committee of management leasing power for defined marina land, (iv) executive approval architecture, (v) limits on lease duration and use of lease proceeds, and (vi) an absolute bar on Crown compensation for actions under the Act.

Reservation revocation: Section 3 conditions revocation of the historic Orders in Council on the submission of survey plan(s) signed by the Surveyor‑General that show the portions of land required for road widening/straightening works. The Minister must be satisfied that the lands shown are "the same or substantially the same" as those in Parts I-IV of Schedule 1 before recommending revocation (s 3(1)). Revocation occurs by Governor in Council proclamation published in the Government Gazette (s 3(2)). On proclamation, other Orders in Council or proclamations that reserve or affect the lands are also revoked and Schedule 1 is deemed amended to accord with the proclamation (s 3(3)(a)‑(b)).

Survey requirement: The Act requires a plan or plans of survey signed by the Surveyor‑General (s 3(1)). The Schedule contains precise land descriptions, and the Act ties the marina land to an identified plan in the Central Plan Office (LEGL./24-029) and specified Crown Allotments (s 2 definition of "marina land"). The Surveyor‑General’s sign‑off is a precondition to the Minister’s satisfaction and thus to any revocation.

Committee of management leasing power: Section 4, as substituted, grants a specific power to the Port Phillip City Council in its committee of management role to lease marina land "for the purposes of a marina", and explicitly does so "despite anything in any other Act" (s 4). That language creates an express statutory override of inconsistent provisions in other Acts, subject to the constraints in s 6.

Executive approval architecture: Leases under s 4 require the Governor in Council’s approval, given upon the Minister’s recommendation (s 6(1)(a)). The Minister's role appears twice: recommending both revocations (s 3) and lease approvals (s 6). Section 6(1)(c) gives council latitude to propose covenants, conditions, exceptions and reservations for a lease, but those must be approved by the Governor in Council.

Limits and financial flows: Leases are time‑limited to a maximum term of fifty years (s 6(1)(b)). Moneys received by way of premium or rent are ring‑fenced to maintenance and improvement of the land that the council manages which is not leased under this Act or for other Minister‑approved purposes (s 6(2)). This creates an earmarking mechanism for proceeds.

Crown non‑liability: Section 7 provides that no person or body shall be entitled to receive, or shall receive, any money, consideration or compensation from Her Majesty in respect of or in any manner whatsoever arising out of any matter or thing under this Act. The bar is expressed broadly.

Definitions and geographic identification: Section 2 contains the operative definitions. "Marina" is defined to include launching, berthing, storage, repair, provisioning, parking of motor vehicles and trailers, fuelling and servicing of boats and motor vehicles, and recreation, comfort and convenience of owners and users and the public. "Marina land" is defined by specific allotments and a Central Plan Office plan number. The Minister is the Minister for the time being administering the Conservation, Forests and Lands Act 1987 (s 2).

Amendment mechanics: The Table of Amendments in the Endnotes records key later amendments that affect definitions and sections 4 and 6, and which repeal Schedule 2. The Act as currently in force contains text that has been substituted and repealed by later Acts; those changes are expressly indicated in the statute text and in the Endnotes.

Primary decision-makers and affected parties are: the Governor in Council, the Minister administering the Conservation, Forests and Lands Act 1987, the Port Phillip City Council acting as committee of management, the Surveyor‑General, users of the lands formerly reserved for public recreation, and prospective lessees and operators of a marina on the specifically identified "marina land".

Port Phillip City Council (committee of management): The council is authorised to grant leases of the marina land, as committee of management (s 4). The council proposes lease terms including covenants and conditions, but such terms must be approved by the Governor in Council (s 6(1)(c)). The council receives premiums and rents from leases and must apply those receipts toward maintenance and improvement of the remainder of the land it manages under the Orders in Council or to other Minister‑approved purposes (s 6(2)). The Act therefore imposes financial obligations on the council as the recipient of lease moneys.

Governor in Council and Minister: The Governor in Council has the final executive decision‑making role for both revoking Orders in Council by proclamation (s 3(2)) and approving leases (s 6(1)(a)). The Minister has a gatekeeping function: the Minister must be satisfied the Surveyor‑General plans correspond with Schedule 1 before recommending revocation (s 3(1)), and the Governor’s approval of leases must be given upon the Minister’s recommendation (s 6(1)(a)). The Minister also may approve other purposes for application of lease receipts beyond maintenance and improvement (s 6(2)).

Surveyor‑General: A plan or plans signed by the Surveyor‑General are a statutory prerequisite to the Minister’s recommendation for revocation of reservations under s 3(1). This places an operational burden on the Surveyor‑General and shapes the timing and accuracy of any revocation process.

Prospective lessees and marina operators: Entities or individuals seeking to lease marina land are affected in several ways. Any lease must be approved by the Governor in Council on the Minister’s recommendation (s 6(1)(a)), and the lease term cannot exceed fifty years (s 6(1)(b)). The council may propose covenants and conditions, and the scope of marina activities is set out in the definition of "marina" (s 2).

Public users and recreational interests: The Act facilitates revocation of areas previously reserved for public recreation to permit roadworks and to authorise leasing for marina development. The preamble expressly frames the legislative intention in terms of road widening and straightening, and the land parcels described in Schedule 1 are the subject of potential revocation. When a proclamation revoking a reservation is published, Schedule 1 is deemed amended to reflect the proclamation (s 3(3)(b)). Public recreation users are therefore affected by the reduction or reconfiguration of reserved lands, and there is no statutory right to compensation from the Crown under s 7.

Other landholders and statutory regimes: The Act contains an overt "despite anything in any other Act" clause in s 4, meaning it creates a specific power to lease marina land that may operate independently of otherwise applicable prohibitions or requirements in other statutes, subject to s 6. The Act also interacts administratively with the Land Act 1958 because the preamble records that earlier committee of management appointments were made under that Act; legal practitioners should note that administrative roles and obligations under the Land Act 1958 remain relevant by reference in the preamble.

Local government and contractors: Road works proposed by the City of St Kilda (now Port Phillip City Council) are described in the preamble as the primary purpose for earlier revocations and the land adjustments described. Contractors engaged in road widening or marine infrastructure will need to engage with the survey, proclamation and lease approval processes set out in the statute.

Claimants: Section 7 expressly removes any entitlement to receive money from Her Majesty in respect of "any matter or thing under this Act". Persons who might otherwise seek compensation under statute or at common law in relation to revocations, leasing or associated works are limited by that provision, as expressed in the Act.

The Act prescribes a small set of administrative duties and rights for the actors identified above. These are procedural, executive and financial rather than criminal or regulatory in the usual compliance sense.

Duties

• Survey and plan submission: A plan or plans of survey showing the portions of reserved land required for road widening must be submitted to the Minister, and each plan must be signed by the Surveyor‑General before the Minister may consider a recommendation to revoke (s 3(1)). The Surveyor‑General’s sign‑off is mandatory.

• Minister satisfaction and recommendation: The Minister must be satisfied that the lands shown in the plan(s) are "the same or substantially the same" as the lands described in Parts I-IV of Schedule 1 before recommending revocation to the Governor in Council (s 3(1)). This places a factual satisfaction duty on the Minister.

• Publication of proclamation: The Governor in Council must publish any revocation proclamation in the Government Gazette (s 3(2)). Publication is a statutory step that gives legal effect to revocation.

• Application of lease proceeds: The Port Phillip City Council must apply moneys received as premium or rent from leases towards maintenance and improvement of the portion of the reserved land it manages that is not leased under this Act, or to other purposes approved by the Minister (s 6(2)). This establishes a fiscal duty and earmarks lease receipts.

• Covenant formulation and provision: The Port Phillip City Council must propose covenants, conditions, exceptions and reservations in a lease, and such terms are to be approved by the Governor in Council (s 6(1)(c)). This is a procedural duty shared between the council and the executive.

Rights

• Revocation power (executive): The Governor in Council, on the Minister’s recommendation, may revoke the specific Orders in Council that reserve land for public recreation, so long as the survey and satisfaction conditions are met (s 3(1)‑(2)). The executive acquires the right to change reservation status by proclamation.

• Leasing power: The Port Phillip City Council, as committee of management, has the statutory right to lease the designated "marina land" for marina purposes "despite anything in any other Act", subject to s 6 (s 4). This is a direct grant of leasing authority that overrides inconsistent statutory provisions.

• Lease terms and covenants: The council has the right to set covenants, conditions, exceptions and reservations for leases, subject to Governor in Council approval (s 6(1)(c)). That gives the council the first move in negotiating lease content.

• Receipt and use of lease moneys: The council has the right to receive premiums and rents, and to use them for specified purposes under s 6(2).

Limitations on rights and duties

• Executive check on leases: Although the council may propose leases, no lease under s 4 may be entered into without Governor in Council approval given on the Minister’s recommendation (s 6(1)(a)). The executive retains a veto.

• Temporal cap on leases: Leases are limited to a maximum term of fifty years (s 6(1)(b)).

• No Crown compensation: Section 7 eliminates any entitlement to receive money or compensation from Her Majesty in relation to any matter arising under the Act. That is a substantive bar on claims against the Crown arising from the Act's operation.

Administrative features

• Schedule amendment mechanism: When the Governor in Council publishes a revocation proclamation, Schedule 1 is taken to be amended so its descriptions accord with the proclamation (s 3(3)(b)). This automatic deeming provision aligns the statutory Schedule with the proclamation rather than requiring an Act amendment.

• "Despite anything in any other Act" clause: Section 4’s opening words operate to prioritise the council’s power under this Act over other legislative provisions that might otherwise prohibit or limit leasing of the marina land, while preserving the Governor in Council and Ministerial oversight via s 6.

• Plan identification: The definition of "marina land" relies on a plan lodged in the Central Plan Office with a specific number and Crown Allotments identified (s 2). This ties the right to lease to a specific, locatable parcel.

The Act contains no express criminal offences, fines, administrative penalties or enforcement regime in the text provided. Enforcement is manifestly administrative and executive, focussed on approval gates, survey certifications and ring‑fencing of funds.

Absence of penal sanctions: The statute does not create any penal provisions, infringement mechanisms, or specified penalties for non‑compliance. There is no section that prescribes fines, imprisonment, or civil penalties in relation to failures under the Act. Consequently, enforcement relies on administrative controls rather than statutory sanctions.

Executive administrative controls as enforcement mechanisms:

• Control by Surveyor‑General and Minister: The requirement for a plan signed by the Surveyor‑General and the Minister’s satisfaction function as administrative gating mechanisms that can prevent revocation if technical or substantive preconditions are not met (s 3(1)).

• Governor in Council approval for leases: The requirement that leases be entered into only with Governor in Council approval given on the Minister’s recommendation (s 6(1)(a)) is the central procedural control on leasing. The Governor in Council’s discretion is the practical enforcement lever for ensuring compliance with statutory constraints, including the maximum fifty year term and approved covenants (s 6(1)(b)‑(c)).

• Fiscal oversight: The requirement that moneys be applied to maintenance and improvement or other Minister‑approved purposes (s 6(2)) creates a financial control; misuse of funds could trigger administrative or audit scrutiny under municipal governance regimes, but the Act itself does not set out a specific sanction.

Limitations on remedies and compensation: Section 7 is an express statutory bar on compensation or monetary entitlement from the Crown in relation to matters under the Act. This provision removes a common remedy class for affected parties seeking redress against the Crown in relation to decisions made under the Act. That bar restricts the set of monetary remedies that a claimant could pursue against the Crown, as framed in the Act.

Judicial review and private law remedies: The Act does not itself address judicial review, but executive decisions made under the Act (for example, the Minister’s satisfaction, the Governor in Council’s approval) could be subject to administrative law challenge on the usual public law grounds. The Act does not remove or abridge the availability of judicial review remedies in its text, but practitioners should note that s 7 removes entitlement to receive money from the Crown "in respect of or in any manner whatsoever arising out of any matter or thing under this Act". The scope of that bar in respect of equitable or negligence claims is expressed in broad terms within the Act and will require careful legal analysis in any dispute. The Act does not give express guidance on alternative remedies.

Practical enforcement actors: In practice, compliance and oversight will involve the central executive (Minister and Governor in Council), the Surveyor‑General, Port Phillip City Council (as committee of management), and internal municipal audit and accounting regimes to ensure lease proceeds are applied in accordance with s 6(2). The Act itself does not create an inspectorate or enforcement agency.

The Act is tightly precincted in scope but makes express references and limited overrides of other legal regimes. Three interaction points stand out: (a) relation to Orders in Council and reservation law; (b) interaction with the Land Act 1958 and the Conservation, Forests and Lands Act 1987; and (c) express "despite anything in any other Act" language permitting council leasing despite other statutory limitations.

Orders in Council and reservation regime: The preamble recites four historic Orders in Council (28 June 1880; 5 May 1964; 30 November 1915; 2 October 1882) that reserved land for public recreation. Section 3 provides a specific statutory process to revoke those Orders in Council so far as they relate to the lands shown in Surveyor‑General plans and described in Schedule 1 (s 3(1)‑(2)). On proclamation, any other Order in Council or proclamation that reserves or purports to reserve or affect the lands is also revoked (s 3(3)(a)). Thus, the Act creates a streamlined revocation mechanism that operates within the wider reservation framework by tying revocation to an executive proclamation rather than to broader statutory amendment.

Land Act 1958 and committee of management appointments: The preamble states that, pursuant to the Land Act 1958, the City of St Kilda (now Port Phillip City Council) was appointed committee of management for certain reserved lands on specified dates (15 May 1964 and 7 July 1965). The Act therefore builds on committee of management appointments made under the Land Act 1958. The Act does not repeal or replace the Land Act 1958 but confers additional specific leasing powers upon the committee of management for the designated marina land (s 4), and requires the council to apply lease moneys to maintenance and improvement of the land it manages (s 6(2)), a requirement that complements the council’s existing management responsibilities under the Land Act 1958.

Conservation, Forests and Lands Act 1987 and ministerial role: The definition of "Minister" in s 2 was amended by the Conservation, Forests and Lands Act 1987 so that the Minister referenced is the Minister for the time being administering that Act. This ties the Ministerial functions, including recommendations for revocation (s 3) and the recommendation for Governor in Council approval of leases (s 6(1)(a)), to the portfolio responsible for conservation and land administration. The Act therefore places key roles in the hands of the portfolio minister who administers that Act.

Express override of other Acts: Section 4 begins "Despite anything in any other Act and subject to section 6" the Port Phillip City Council may lease the marina land for the purposes of a marina. That clause means this Act gives an express statutory power to lease the marina land that takes precedence over inconsistent provisions in other statutes. The caveat "subject to section 6" means the executive approval architecture and limits set out in s 6 remain applicable. Practically, this clause narrows the ability of other statutory provisions to nullify these leasing powers, but it does not displace the executive approvals required.

Plan and property identification regimes: The definition of "marina land" in s 2 refers to a Central Plan Office plan number LEGL./24-029 and specific Crown Allotments. Those plan identification and land title systems are part of Victoria’s broader land administration framework. Practitioners must rely on those instruments and the Surveyor‑General’s signatures when engaging with revocation or leasing processes. The Act’s reliance on those instruments links it to established cadastral systems and property registration processes.

Financial and municipal governance regimes: Section 6(2) imposes an earmarking obligation on the Port Phillip City Council for lease proceeds. Although the Act does not itself set out municipal accounting rules, that earmarking will operate alongside council financial management obligations and audit frameworks in local government legislation and governance instruments. Use of lease proceeds for purposes other than maintenance and improvement requires Ministerial approval (s 6(2)), creating a point of intersection between municipal financial autonomy and Ministerial control.

Reservations about compensation and broader tort or property claims: Section 7’s absolute bar on entitlement to compensation from Her Majesty in respect of "any matter or thing under this Act" will interact with any statutory compensation regimes in other Acts and with statutory protections afforded elsewhere. The Act does not expressly abrogate private law causes of action against non‑Crown parties, but it does eliminate Crown liability as framed. Legal practitioners should read s 7 in conjunction with other statutes and common law remedies to determine the full scope of available remedies.

Amendment history and repeal interactions: Schedule 2 has been repealed (Endnotes Table of Amendments, Parks and Public Land Legislation Amendment 2025, No. 47/2025 s 121). Section 4 has been substituted and s 6 amended by later Acts; s 5 was repealed by No. 8502/1973. Those textual changes alter how the Act now interacts with other laws, for example by removing previous provisions in Schedule 2 or s 5 that previously authorised different actions. Practitioners must consult the consolidated version and the Central Plan Office for the current operative texts and plans (s 2; Endnotes).

The Act’s text shows a small number of targeted amendments over decades, recorded in the Endnotes. The major amending instruments and their effects as shown in the statute text and table are:

• St. Kilda (Ormond Restaurant) Land Act 1973, No. 8502/1973 (Assent 11 December 1973). This Act repealed s 5 and amended s 6(1) (Endnotes Table of Amendments). The current text records that s 5 was repealed by No. 8502 s 2(a), and s 6(1) was amended by No. 8502 s 2(b).

• Conservation, Forests and Lands Act 1987, No. 41/1987 (Assent 19 May 1987). Section 103(Schedule 4 item 62.1) of that Act amended the definition of "Minister" in s 2 so that "Minister" now means the Minister for the time being administering the Conservation, Forests and Lands Act 1987. The Endnotes record the commencement on 1 July 1987 and the Government Gazette notice (s 103(Sch. 4 item 62.1)).

• Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025, No. 47/2025 (Assent 25 November 2025). Sections 118-121 of that Act commenced on 26 November 2025 (see Table of Amendments). Key changes effected by the 2025 amending Act as reflected in the consolidated text are:

  • Insertion of the definition of "marina" in s 2 (S. 2 def. of marina land inserted by No. 47/2025 s. 118).
  • Substitution of s 4 by No. 47/2025 s 119 (s 4 now reads "Committee of management may grant leases of marina land" with the "Despite anything in any other Act" language and the council identified as Port Phillip City Council).
  • Amendments to s 6: s 6(1)(c) was amended by No. 47/2025 s 120(1), and s 6(2) was amended by No. 47/2025 s 120(2).
  • Repeal of Schedule 2 by No. 47/2025 s 121.

The Endnotes also list the Act’s original assent date and commencement date: the Act was assented to and commenced on 14 December 1965 (Endnotes 3).

The table and inline annotations identify where specific subsections were substituted, amended or repealed, and give the amending Act details and commencement dates where relevant. The statute text marks those changes parenthetically where they occur, for example "S. 2 def. of marina land inserted by No. 47/2025 s. 118" and "S. 4 substituted by No. 47/2025 s. 119."

Practical consequences of amendments:

• The 2025 amendments materially modernise the Act by defining "marina" and "marina land" and by substituting s 4 to explicitly link leasing power to Port Phillip City Council and to state that leasing is "despite anything in any other Act." Those changes broaden the operational clarity of the leasing regime and tie the power to an up‑to‑date plan.

• The 1987 amendment ties Ministerial functions to the current ministerial portfolio responsible for conservation and land administration.

• The 1973 amendments removed s 5 and updated s 6; the repeal of s 5 and subsequent legislative history should be consulted where historic practice is relevant.

Practitioners should rely on the consolidated Act as presented and verify plan references (Central Plan Office LEGL./24-029) and the precise Crown Allotments identified in the s 2 "marina land" definition. Where necessary, consult the amending Acts cited in the Endnotes for full context and transitional provisions that may apply.

The consolidated Act as provided contains no recorded judicial decisions, case citations, or litigation history in its text or Endnotes. The Endnotes and explanatory details list the preamble Government Gazette citations, the Minister’s second reading speeches, and the amendment instruments, but they do not record any court proceedings, reported cases or tribunal decisions arising under the Act.

Consequences for practitioners:

• There is no statutory jurisprudence embedded in the text to guide interpretation of the Act’s operative provisions such as the scope of "marina", the limits of the "despite anything in any other Act" formulation, or the application of s 7’s bar on Crown compensation.

• Any contested applications of the Act (for example, judicial review of the Minister’s satisfaction under s 3(1), or challenges to the Governor in Council’s approval of a lease under s 6(1)(a)) would be matters for the courts and, if litigated, would create precedent. As of the Act text and endnotes provided, no such precedents are recorded.

• Legal advisers should search external case law databases and court reports for judicial consideration of the St. Kilda Land Act 1965 or litigation involving revocation proclamations, marina leases granted under the Act, or s 7 compensation claims, because no such material appears in the text provided.

• Administrative law remedies such as judicial review remain conceptually available for public law decisions under the Act, although s 7 may narrow monetary remedies against the Crown. Absent recorded litigation, the contours of relief in relation to s 7’s bar are not clarified by statute or reported decisions in the Act text.

In short, the Act as presented contains no litigation history. Practitioners should investigate court records and legal databases if precedent is required for advising clients or litigating issues connected to revocations, leases, or the application of s 7.

Several specific features of the Act operate as practical traps or surprising constraints unless anticipated. These are not judgments about policy, they are statutory mechanics that affect rights, timing and remedies.

Surveyor‑General sign‑off and Ministerial satisfaction precede revocation: Section 3 makes revocation contingent on the submission of a plan or plans of survey signed by the Surveyor‑General and the Minister being satisfied that the lands shown are "the same or substantially the same" as those in Schedule 1. Practical consequence: delays or disputes over survey boundaries, plan formality, or the Surveyor‑General’s willingness to sign can stall revocation. The Act does not prescribe timelines or appeal pathways for the Minister’s satisfaction, making the process administratively discretionary (s 3(1)).

Governor in Council approval is mandatory for leases: Even though the Port Phillip City Council may decide to lease the marina land, no lease may be entered into without the Governor in Council’s approval given upon the Minister’s recommendation (s 6(1)(a)). Councils and prospective lessees must budget time and resources for an executive approval process that is not mechanistically guaranteed.

"Despite anything in any other Act" but "subject to section 6": Section 4 grants leasing power despite other Acts, but that power is still subject to the executive approvals and constraints in s 6. The potential ambiguity arises where other laws impose statutory processes or public consultation obligations that the council might expect to rely on. The Act overrides inconsistent statutory prohibitions, but it does not expressly address or displace non‑statutory obligations or local government procedural requirements. Practitioners should not assume the "despite" clause removes all other procedural obligations absent further legal analysis.

No statutory public consultation requirement: The Act sets out survey, ministerial satisfaction and executive approval steps, but it does not require public consultation or environmental assessment procedures as part of its own process. If other statutory regimes require those processes, they may still apply; if they do not, then the Act’s mechanics alone impose no public consultation duty. This can be unexpected to stakeholders who assume a public process for changes to reserved land.

Earmarking of lease receipts: Section 6(2) requires lease moneys to be applied to maintenance and improvement of unleased reserved land the council manages, or to other purposes only with Ministerial approval. Councils must therefore segregate and account for these funds in line with the Act; diverting funds without Ministerial approval would be inconsistent with s 6(2). This restricts municipal discretion over the use of funds derived from leases.

Maximum lease term: Leases are capped at fifty years (s 6(1)(b)). For commercial investors seeking long‑term certainty or to leverage assets, this temporal ceiling is material and cannot be extended by the council under the Act.

Broad bar on Crown compensation: Section 7 states no person or body shall be entitled to receive, or shall receive, from Her Majesty any money or consideration "in respect of or in any manner whatsoever arising out of any matter or thing under this Act." The breadth of that language is a potential gotcha: persons who might anticipate compensation claims against the Crown in relation to revocations, roadworks or leases will find the Act forecloses Crown payments. The Act does not address claims against non‑Crown parties, but claimants must be aware of this statutory exclusion.

Precision of "marina land" identification: The Act ties "marina land" to a specific plan in the Central Plan Office (LEGL./24-029) and to enumerated Crown Allotments (s 2). Reliance on that plan and allotment identification means any error or ambiguity in the plan could alter the scope of the leasing power. Practitioners should verify the plan lodged at the Central Plan Office and any cadastral inconsistencies before acting.

Schedule 1 amendment by proclamation: When a proclamation revokes reservation over lands, Schedule 1 is deemed amended to make its descriptions accord with the proclamation (s 3(3)(b)). This automatic deeming can produce differences between the Act’s printed Schedule and the operational land descriptions after proclamation. Users must check the Government Gazette proclamation as authoritative for current descriptions post‑revocation.

Repeal and substitution history: Parts of the Act have been repealed or substituted over time (s 5 repealed; s 4 substituted by No. 47/2025 s 119; Schedule 2 repealed), so practitioners relying on older practice or earlier textual forms must ensure they are consulting the consolidated, current text.

No penalties in the Act: Because the Act contains no express penalties, enforcing compliance depends on executive approvals and, where applicable, standard municipal governance and public law remedies. Parties cannot rely on the Act to impose criminal or civil penalties for breaches.

This section sets out concrete steps for the principal actors and practical considerations to satisfy statutory requirements and minimise procedural risk.

For Port Phillip City Council (committee of management)

1. Confirm committee of management status and scope: Ensure the council’s committee of management appointment under the Land Act 1958 covers the parcels identified and that there are no unaddressed administrative conditions from those appointments noted in the preamble (preamble recitals).

2. Verify "marina land" plan and allotments: Obtain and review Central Plan Office plan LEGL./24-029 and the Crown Allotment records listed in s 2. Ensure cadastral boundaries are clear and that the parcel intended for lease is properly identified.

3. Prepare lease proposals with covenants: Draft proposed lease forms, covenants, conditions, exceptions and reservations. Anticipate that the Governor in Council must approve these terms (s 6(1)(c)), and that the council should be ready to justify proposed covenants in light of intended marina operations defined in s 2.

4. Budget for the executive approval timetable: Factor in time for the Minister’s recommendation and Governor in Council approval before executing any lease. No lease may be entered into without that approval (s 6(1)(a)).

5. Establish accounting and governance arrangements for lease receipts: Implement financial controls to ring‑fence premiums and rents for maintenance and improvement of unleased reserved land managed by the council, and processes for obtaining Ministerial approval if funds are to be applied to other purposes (s 6(2)).

6. Liaise with the Minister and the Surveyor‑General: For any revocation process under s 3, coordinate early with the Surveyor‑General to obtain the necessary sign‑off on survey plans, and engage the Minister’s office to understand evidence required to demonstrate that the plans show the lands described in Schedule 1 (s 3(1)).

For the Minister and Executive

1. Require accurate Surveyor‑General plans and supporting material: The Minister’s satisfaction under s 3(1) is a precondition for recommendation. Establish an evidentiary checklist for consistency between Schedule 1 descriptions and survey plans to support a robust recommendation.

2. Review lease terms and public interest considerations: When asked to recommend leases for Governor in Council approval, the Minister will need to weigh proposed covenants and conditions, lease durations (not exceeding 50 years) and the intended application of lease proceeds under s 6(2).

3. Consider Ministerial approvals for diversion of funds: If the council proposes to use lease moneys for purposes other than maintenance and improvement of unleased land, prepare to issue considered approvals in writing to document Ministerial consent under s 6(2).

For prospective lessees and private operators

1. Confirm lease will require Governor in Council approval: Do not assume the council can grant or enter into a binding lease without executive approval. Factor this into project timelines, financing arrangements and due diligence (s 6(1)(a)).

2. Understand the statutory definition of "marina": Review s 2 to ensure proposed marina activities fall within the statutory definition; anticipate covenants and environmental obligations may be incorporated into the lease (s 2, s 6(1)(c)).

3. Plan for a maximum fifty year term: Structure business and financing models around a maximum lease term of 50 years (s 6(1)(b)). If longer control is desired, consider alternative arrangements that fit within this statutory limit.

4. Due diligence over land title and plan: Inspect Central Plan Office plan LEGL./24-029 and Crown Allotment records with surveyors and land title advisers to confirm precise boundaries and rights.

For those affected by reservation revocation or roadworks

1. Monitor Surveyor‑General plans and Ministerial recommendations: If you have an interest in reserved land, track the progress of survey plans, the Minister’s satisfaction and the Governor in Council’s proclamations under s 3. The Government Gazette will publish any proclamation revoking reservation (s 3(2)).

2. Understand limits on Crown compensation: Section 7 bars entitlement to receive money from the Crown "in respect of or in any manner whatsoever arising out of any matter or thing under this Act". Legal advisers should consider this when assessing remedies or negotiating with the Crown or the council.

Cross‑cutting compliance steps

• Document each procedural step: Create a file that records the Surveyor‑General’s signed plans, Ministerial correspondence and rationale for satisfaction, Governor in Council proclamations, lease proposals and Governor approvals, and Ministerial approvals for use of lease moneys. These documents are the statutory triggers and evidential trail for actions under the Act (ss 3 and 6).

• Consider external approvals and processes: While s 4 states "despite anything in any other Act" the council may lease the land, other statutory regimes may still impose procedural requirements such as environmental approvals, planning permits, or building approvals that sit outside this Act. Identify and comply with any such requirements even where the leasing power is conferred by this Act.

• Seek legal and cadastral advice early: Given the precise plan references and the Surveyor‑General sign‑off requirement, involve property lawyers and licensed surveyors at an early stage to avoid costly delays or rework.

• Budget for administrative timing and political risk: Executive approvals can be influenced by wider policy or political considerations. Lessees and councils should budget for contingencies and build in time for the Minister and Governor in Council steps.

Following these steps will align actors with the Act’s procedural and substantive requirements, reduce the risk of administrative rejection, and ensure compliance with the Act’s earmarking and approval conditions (ss 3, 4, 6 and 7).