Version incorporating amendments as at
26 November 2025
table of provisions
Section Page
1 Short title 3
2 Definitions 3
3 Power to Governor in Council on recommendation of Minister to revoke reservation of certain lands 4
4 Committee of management may grant leases of marina land 5
6 Governor in Council to approve of leases 5
7 No liability to attach to Crown 6
Schedules 7
Schedule 1 7
Endnotes 11
1 General information 11
2 Table of Amendments 13
3 Explanatory details 14
Version No.002
St. Kilda Land Act 1965
No. 7348 of 1965
Version incorporating amendments as at
26 November 2025
An Act relating to Certain Lands at St. Kilda and at Elwood in the Parishes of Melbourne South and Prahran and for other purposes.
Preamble
WHEREAS—
(a) by Order in Council of the 28th day of June, 1880[1] certain land at St. Kilda and at Elwood in the parish of Melbourne South was permanently reserved as a site for public recreation;
(b) by Order in Council of the 5th day of May, 1964[2] certain land at St. Kilda and at Elwood in the said parish was temporarily reserved as a site for public recreation;
(c) by Order in Council of the 30th day of November, 1915[3] certain land in the said parish was temporarily reserved as a site for public recreation;
(d) by Order in Council of the 2nd day of October, 1882[4] certain land at Elwood in the parishes of Melbourne South and Prahran was permanently reserved as a site for public recreation:
And whereas—
(a) the Council of the City of St. Kilda proposes to widen and straighten parts of Marine‑parade and Ormond-esplanade in the said City and for that purpose portions of the lands reserved as aforesaid will be required;
(b) parts of the lands reserved by the said Orders in Council are already used as a road;
(c) the lands required for the said widening and straightening are the several pieces of land described in Parts I. II. III. and IV. of Schedule 1;
(d) the boundaries of the pieces of land so described require to be more exactly determined by survey;
(e) it is expedient to provide for the revocation of the said Orders in Council so far as they relate to the lands so described:
And whereas—
(a) in addition to and adjoining the land reserved by the said Order in Council of the 5th day of May, 1964, certain land at St. Kilda in the parish of Melbourne South was by Order in Council of the 6th day of July, 1965[5], temporarily reserved as a site for public recreation;
(b) pursuant to the Land Act 1958 the council of the City of St. Kilda was on the 15th day of May, 1964, and the 7th day of July, 1965, appointed a committee of management of the lands reserved by the said Orders in Council and (except a small portion in the northern end thereof) of the land reserved by the said Order in Council of the 28th day of June, 1880;
(c) the land described in Schedule 2 is portion of the lands so reserved; and
(d) it is expedient to empower the said Council to lease the land described in Schedule 2 subject to survey thereof for the purposes and subject to the conditions hereinafter provided:
And whereas the council of the City of St. Kilda has pursuant to the Land Act 1958 been appointed a committee of management of the land reserved by the said Order in Council of the 2nd day of October, 1882, and it is expedient to empower the said council to lease a portion thereof not exceeding one acre in area for the purpose and subject to the conditions hereinafter provided:
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):—
1 Short title
This Act may be cited as the St. Kilda Land Act1965.
2 Definitions
In this Act unless inconsistent with the context or subject-matter—
marina means an area where facilities are provided for the launching landing berthing storing repairing and provisioning of boats the parking of motor vehicles and trailers the fueling and servicing of boats and motor vehicles and the recreation comfort and convenience of persons who own or use boats or motor vehicles and members of the public;
S. 2 def. of marina land inserted by No. 47/2025 s. 118.
marina land means the land shown delineated on the plan lodged in the Central Plan Office numbered LEGL./24–029, being Crown Allotments 2013, 2014 and 2015 and part of Crown Allotment 90E, Parish of Melbourne South at St Kilda and part of Crown Allotment 90A, Parish of Melbourne South at Elwood;
S. 2 def. of Minister amended by No. 41/1987 s. 103(Sch. 4 item 62.1).
Minister means Minister for the time being administering the Conservation, Forests and Lands Act 1987.
3 Power to Governor in Council on recommendation of Minister to revoke reservation of certain lands
(1) Upon submission to the Minister of a plan or plans of survey signed by the Surveyor-General showing the several portions of the lands reserved by the hereinbefore recited Orders in Council of the 28th day of June, 1880, the 5th day of May, 1964, the 30th day of November, 1915, and the 2nd day of October, 1882, which are required for the widening and straightening of Marine-parade and Ormond-esplanade in the City of St. Kilda the Minister if he is satisfied that the lands shown in the said plan or plans are the same or substantially the same as the lands described in Parts I., II., III., and IV. of Schedule 1 may recommend to the Governor in Council that the said Orders in Council be revoked so far as they relate to the lands shown in the said plan or plans.
(2) Upon receiving a recommendation pursuant to this section the Governor in Council may by proclamation published in the Government Gazette revoke each of the said Orders in Council so far as they relate to the lands shown in the said plan or plans of survey and described in the proclamation.
(3) On the day on which a proclamation is published pursuant to subsection (2)—
(a) every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the lands to which the proclamation relates shall also be revoked; and
(b) Parts I., II., III. and IV. of Schedule 1 shall be deemed and taken to be amended so far as may be necessary to make the description of the several pieces of land therein described accord with the description thereof in the proclamation.
S. 4 substituted by No. 47/2025 s. 119.
4 Committee of management may grant leases of marina land
Despite anything in any other Act and subject to section 6, the Port Phillip City Council, as committee of management, from time to time, may lease the marina land for the purposes of a marina.
S. 5
repealed by No. 8502 s. 2(a).
6 Governor in Council to approve of leases
S. 6(1) amended by No. 8502 s. 2(b).
(1) A lease under section 4—
(a) shall not be entered into except with the approval of the Governor in Council given upon the recommendation of the Minister;
(b) shall be for a term not exceeding fifty years; and
S. 6(1)(c) amended by No. 47/2025 s. 120(1).
(c) shall be subject to such covenants conditions exceptions and reservations as the Port Phillip City Council thinks fit and the Governor in Council approves.
S. 6(2) amended by No. 47/2025 s. 120(2).
(2) The moneys received by way of premium or rent in respect of any such lease shall be applied by the Port Phillip City Council towards the maintenance and improvement of so much of the land which is subject to the Orders in Council referred to in this Act and of which it is the committee of management as is not leased under this Act or for such other purposes as the Minister in any particular case approves.
7 No liability to attach to Crown
No person or body of persons corporate or unincorporate shall be entitled to receive or shall receive from Her Majesty any money or consideration or compensation in respect of or in any manner whatsoever arising out of any matter or thing under this Act.
Schedules
Preamble, section 3.
Schedule 1
Part 1
Land, being part of the land permanently reserved by Order in Council of 28th June, 1880*, as a site for public recreation in respect of which the said Order in Council may be revoked.*
3 acres 1 rood more or less at St. Kilda and at Elwood parish of Melbourne South in the three separate portions described hereunder.
3 roods 20 perches, more or less, at St. Kilda:—
Commencing at the eastern angle of the land temporarily reserved as a site for recreation and drainage purposes by Order in Council of the 9th July, 1957; thence north-easterly by a line, being the prolongation of the southern alignment of Shakespeare-grove, to the western alignment of Marine-parade; thence southerly by that alignment to a point in line with the northern alignment of Blessington-street; thence south-westerly by the boundary of the land temporarily reserved as a site for public recreation by Order in Council of the 5th May, 1964, for a distance of 61⋅2 links; thence northerly by a line parallel to the western alignment of Marine-parade for a distance of 1091 links more or less and thence north-westerly by an arc of a circle, the centre of which lies 909 links, more or less, south-westerly, to the commencing point.
1 acre, more or less, at St. Kilda:—
Commencing on the western alignment of Marine-parade at a point in line with the southern alignment of Blessington-street; thence southerly by the western alignment of Marine-parade to a point in line with the northern alignment of Dickens-street; thence south-westerly by the boundary of the land temporarily reserved as a site for public recreation by Order in Council of the 5th May, 1964, for a distance of 61⋅2 links; thence northerly by a line parallel to the western alignment of Marine-parade to the eastern boundary of the aforementioned site and thence northerly and north-easterly by that boundary to the commencing point.
1 acre 1 rood 20 perches, more or less, at St. Kilda and at Elwood:—
Commencing on the western alignment of Marine-parade at a point in line with the southern alignment of Dickens-street; thence southerly by the western alignment of Marine-parade to a point on the northern alignment of Shelley-street; thence westerly by that alignment for a distance of 62⋅5 links; thence northerly by a line parallel to the western alignment of Marine-parade to a point on the boundary of the land temporarily reserved as a site for public recreation by Order in Council of the 5th May, 1964, and thence north-easterly by that boundary to the commencing point.
Part II
Land, being part of the land temporarily reserved by Order in Council of 5th May, 1964*, as a site for public recreation, in respect of which the said Order in Council may be revoked.*
19 perches more or less at St. Kilda parish of Melbourne South in the two separate portions described hereunder.
10 perches, more or less, at St. Kilda:—
Commencing on the western alignment of Marine-parade at a point in line with the northern alignment of Blessington-street; thence southerly by the western alignment of Marine-parade to a point in line with the southern alignment of Blessington-street; thence south-westerly by the boundary of the land permanently reserved as a site for public recreation by Order in Council of the 28th June, 1880, for a distance of 50 links and southerly by the said boundary to a point distant 57⋅6 links westerly from the western alignment of Marine-parade; thence northerly by a line parallel to the last mentioned alignment to the boundary of the aforesaid site and thence north-easterly by that boundary to the commencing point.
9 perches, more or less, at St. Kilda:—
Commencing on the western alignment of Marine-parade at a point in line with the northern alignment of Dickens-street; thence southerly by the western alignment of Marine-parade to a point in line with the southern alignment of Dickens-street; thence south-westerly by the boundary of the land permanently reserved as a site for public recreation by Order in Council of the 28th June, 1880, for a distance of 61⋅2 links; thence northerly by a line parallel to the western alignment of Marine-parade to the boundary of the aforementioned site and thence north-easterly by that boundary to the commencing point.
Part III
Land, being part of the land temporarily reserved by Order in Council of 30th November, 1915*, as a site for public recreation, in respect of which the said Order in Council may be revoked.*
3 roods 30 perches, more or less, parish of Melbourne South:
Commencing on the southern alignment of Shelley-street at a point in line with the eastern alignment of Marine-parade; thence southerly by a line being the prolongation of the eastern alignment of Marine-parade for a distance of 536 links more or less; thence by an arc of a circle, the centre of which lies 2115 links, more or less, north-easterly, to a point on the northernmost boundary of the land permanently reserved for public recreation by Order in Council of the 2nd October, 1882, 258 links more or less, westerly from the north-eastern corner thereof; thence westerly by that boundary to a point distant 157⋅6 links westerly from the prolongation of the eastern alignment of Marine-parade; thence by a line parallel to the aforementioned prolongation to the southern alignment of Shelley-street and thence by that alignment to the commencing point.
Part IV
Land, being part of the land permanently reserved by Order in Council of 2nd October, 1882*, as a site for public recreation, in respect of which the said Order in Council may be revoked.*
2 acres 30 perches, more or less, at Elwood, parishes of Melbourne South and Prahran:
Commencing on the southern boundary of the land temporarily reserved as a site for public recreation by Order in Council of the 30th November, 1915, at a point 258 links, more or less, westerly from the south-eastern corner thereof; thence southerly by an arc of a circle, the centre of which lies 2115 links, more or less, north-easterly, to a point on the prolongation of the northern alignment of Glen Huntly-road 236 links, more or less, from the angle formed by that alignment and the eastern alignment of Barkly-street; thence easterly by that prolongation to the western alignment of Barkly‑street; thence southerly by the western alignment of Barkly-street to the extremity thereof; thence south-easterly by the western alignments of Ormond-esplanade for a total distance of 2017 links, more or less, to the angle formed by the alignments bearing 123º 0' and 119º 0'; thence by a line bearing 299º 0' to a point distant 157⋅6 links from the eastern alignment of Ormond-esplanade, thence north-westerly by lines parallel to the alignments of Ormond-esplanade and an arc of a circle of radius 2273 links, more or less, and concentric with the circle aforementioned to the southern boundary of the reserve aforementioned and thence easterly by that boundary to the commencing point.
Preamble, sections 4, 6.
Sch. 2 repealed by No. 47/2025 s. 121.
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: 17 November 1965
Legislative Council: 1 December 1965
The long title for the Bill for this Act was—
An Act relating to Certain Lands at St. Kilda and at Elwood in the Parishes of Melbourne South and Prahan and for other purposes.
The St. Kilda Land Act 1965 was assented to on 14 December 1965 and came into operation on 14 December 1965.
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 St. Kilda Land Act 1965 by Acts and subordinate instruments.