Victorian Legislation and Parliamentary Documentsi
Version No. 001
The Railway Melbourne Lands Exchange Act
1888
Act No. 1003/1888
Version incorporating amendments as at 21 February 2001
TABLE OF PROVISIONS
Section Page
Short title 2
Lands vested in Railways Commissioners 2
Lands to vest by force of this Act 3
Railway or tramway to be constructed into market lands at
expense of Corporation 3
Victorian Legislation and Parliamentary Documents1
Version No. 001
The Railway Melbourne Lands Exchange Act
1888
Act No. 1003/1888
Version incorporating amendments as at 21 February 2001
An Act to make provision for the Vesting of certain Lands in the
Board of Lands and Works, the Victorian Railways
Commissioners, the Mayor Aldermen Councillors and Citizens
of the City of Melbourne respectively.
Preamble
WHEREAS the lands described in the First
Schedule hereto are required by the Victorian
Railways Commissioners for the purposes of "The
Victorian Railways Commissioners Act 1883":
AND WHEREAS the said lands are under the
management and control of or are vested in the
Mayor Aldermen Councillors and Citizens of the
City of Melbourne or the said Mayor Aldermen
Councillors and Citizens jointly with the Board of
Land and Works or the said Board:
AND WHEREAS it has been agreed between the
said Commissioners of the one part and the said
Mayor Aldermen Councillors and Citizens and the
said Board of the other part that the said lands
together with the buildings and erections thereon
should be vested in the said Commissioners subject
to certain conditions and provisoes:
AND WHEREAS the same cannot be done
without the authority of Parliament:
Victorian Legislation and Parliamentary DocumentsAct No. 1003/1888
The Railway Melbourne Lands Exchange Act 1888
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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):
Short title
This Act may for all purposes be cited as "The
Railway Melbourne Lands Exchange Act
1888."
Lands vested in Railways Commissioners
Immediately upon the payment by the Victorian
Railways Commissioners to the Mayor Aldermen
Councillors and Citizens of the City of Melbourne
(hereinafter termed the "Corporation") of the sum
of Eight thousand pounds the lands described in
the First Schedule hereto together with the
buildings thereon shall become vested in the said
Commissioners for the purposes of "The
Victorian Railways Commissioners Act 1883"
subject to the conditions and provisos mentioned
in the said First Schedule.
Immediately on such payment aforesaid the lands
described in the Second Schedule hereto together
with the buildings thereon shall become vested in
the Corporation for the purposes following and for
no other purposes whatsoever (that is to say):
The lands numbered one two and three in the said
Second Schedule for the purposes of a general
market, provided that the Corporation shall pay to
the Board of Land and Works the sum of Five
thousand pounds as the value of any buildings or
improvements thereon:
The lands numbered five in the said Second
Schedule for market and refrigerating chambers
and storage purposes:
s. 1
S. 2
amended by
No. 1054
ss 2(Sch. 1), 8.
Section 1 - The Railway Melbourne Lands Exchange Act 1888 - The Railway Melbourne Lands Exchange Act 1888 | Zoe
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The lands numbered four in the said Second
Schedule for yardage for sanitary vehicles and
appliances and materials requisite for the public
purposes of the city:
The lands numbered six in the said Second
Schedule for market and other purposes or for
yardage for plant utensils and appliances for
maintenance of the streets and public works of the
city:
The lands numbered seven in the said Second
Schedule for the purposes of a street.
3. Lands to vest by force of this Act
The said lands shall vest in and belong to the
respective corporations in which they are
respectively vested by this Act and shall without
further or other conveyance or assurance than this
Act be and become vested in and be held and
enjoyed by such corporations respectively for the
purposes hereinbefore in this Act specified but not
otherwise freed from the terms and conditions of
any Crown grant reservation or dedication of any
kind whatsoever affecting the same or any part
thereof.
4. Railway or tramway to be constructed into market
lands at expense of Corporation
It shall be lawful for the said Commissioners
when so requested and when furnished with
sufficient funds for the purpose by the
Corporation to construct into and to such part of
the lands described in the Second Schedule hereto
and therein numbered one two and three as the
Corporation may specify a railway or tramway
from and connected with the railways vested in
the said Commissioners, the cost of which railway
or tramway and the maintenance thereof for the
entire length thereof beyond the limits of the land
s. 3
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vested in the Commissioners shall be borne and
defrayed by the Corporation.
s. 4
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SCHEDULES
THE FIRST SCHEDULE
I. Commencing on the south side of Flinders-street at a point in a line
with the eastern side of Queen-street and proceeding thence for four
chains sixteen links more or less in a straight line bearing south twenty-
eight degrees east to the northern bank of the River Yarra and bounded
on the east by land belonging to the Victorian Railways
Commissioners; thence for seven chains more or less in a straight line
bearing westerly along the said northern bank of the River Yarra to the
north-eastern angle of the new Falls Bridge; thence for seven chains
four links more or less by a curve of six chains radius the centre of
which lies to the south-east to a point on the south side of Flinders-
street in line with the western side of Queen-street; and thence for one
chain fifty links in a straight line bearing north sixty-two degrees east
along the said southern side of Flinders-street to the commencing point,
and containing an area of two acres thirty-eight perches more or less.
II. Commencing at the intersection of the western side of Swanston-street
with the southern side of Flinders-street and proceeding thence for
ninety feet in a straight line bearing south twenty-eight degrees east
along the western side of Swanston-street; thence for seventy-nine feet
and two-tenths of a foot in a straight line bearing south sixty-two
degrees west to the eastern boundary of land belonging to the Victorian
Railways Commissioners; thence for ninety feet in a straight line
bearing north twenty-eight degrees west to the southern side of
Flinders-street and bounded on the west by the aforesaid land belonging
to the Victorian Railways Commissioners; thence for seventy-nine feet
and two-tenths of a foot in a line bearing north sixty-two degrees east
along the said southern side of Flinders-street to the commencing point,
and containing an area of twenty-six perches and two-tenths of a perch
more or less.
III. Commencing at a point on the western side of Swanston-street being
the south-eastern angle of the Fishmarket Reserve and proceeding
thence for five chains fifty-four links more or less in a straight line
bearing south twenty-eight degrees east to the northern bank of the
River Yarra; thence for one chain twenty links more or less in a straight
line bearing westerly along the said northern bank of the River Yarra to
the eastern boundary of land belonging to the Victorian Railways
Commissioners; thence for five chains twenty-four links more or less in
a straight line bearing north twenty-eight degrees west to the south-
western angle of the said Fishmarket Reserve, and bounded on the west
by the said land of the Victorian Railways Commissioners; thence for
seventy-nine feet and two-tenths of a foot in a straight line bearing
Sch. 1
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north sixty-two degrees east along the southern boundary of the said
Fishmarket Reserve to the commencing point, and containing an area of
two roods twenty-three perches more or less.
IV. Commencing at the intersection of the southern side of Flinders-street
with the eastern side of Swanston-street and proceeding thence in a
straight line bearing north sixty-two degrees east along the said south
side of Flinders-street to the north-western angle of land belonging to
the Victorian Railways Commissioners; thence for five chains seventy-
seven links more or less in a straight line bearing south twenty-eight
degrees east to the northern side of the Yarra Bank-road and bounded
on the east by the said property of the Victorian Railways
Commissioners; thence for one chain sixty-two links more or less in a
straight line bearing westerly along the said road to the eastern side of
Swanston-street; thence for five chains twenty links more or less in a
straight line bearing north twenty-eight degrees west along the said
eastern side of Swanston-street to the commencing point, and
containing an area of three roods eleven perches more or less.
V. Commencing at a point on the southern side of Flinders-street in a line
with the eastern side of Stephen-street and proceeding thence for three
chains forty links in a straight line bearing south twenty-eight degrees
east and bounded on the east by land vested in the Victorian Railways
Commissioners; thence for six chains seventy-eight links more or less
in a straight line bearing westerly and for thirty-six links in another
straight line bearing north-westerly to the south side of Flinders-street
aforesaid and bounded on the south and south-west by land vested in
the Victorian Railways Commissioners; thence for six chains fifteen
links more or less in a straight line bearing north sixty-two degrees east
along the said south side of Flinders street to the commencing point,
and containing an area of one acre and sixteen perches more or less.
VI. Commencing at a point on the western side of the Jolimont-road being
the intersection of the northern boundary of land the freehold property
of the Victorian Railways Commissioners and proceeding thence for
fourteen chains thirty links more or less in a north-westerly direction
along the said northern boundary of freehold land to the south-eastern
angle of other land belonging to the Victorian Railways
Commissioners; thence for five chains twenty-eight links more or less
in a straight line bearing north twenty-eight degrees west and in line
with the west side of Spring-street to the intersection of the southern
fence of the ground occupied by the Victorian Militia Engineers; thence
for nineteen chains six links in a south-easterly direction along the
fences of the lands occupied by the said Engineer Corps the National
Gymnasium and the East Melbourne Cricket Club to the west side of
the Jolimont-road; thence for fifty links more or less in a straight line
bearing south along the said west side of the Jolimont-road to the
Sch. 1
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commencing point, and containing an area of three acres two roods
more or less.
VII. Commencing at a point on the southern side of Wellington-parade south
in a line with the western side of Spring-street and forming the north-
eastern angle of land vested in the Victorian Railways Commissioners
and proceeding thence for nine chains ten links more or less in an
easterly direction along the said southern side of Wellington-parade
south and the lands occupied respectively by the Victorian Militia
Engineers and National Gymnasium to the north-western angle of the
land occupied by the East Melbourne Cricket Club; thence for six
chains eight links more or less in a southerly direction to the south-
eastern angle of land occupied by the National Gymnasium; thence for
nine chains twenty-four links more or less in a straight line in a north-
westerly direction along the fenced southern boundary of lands
occupied respectively by the National Gymnasium and Victorian
Militia Engineers to the eastern boundary of land vested in the
Victorian Railways Commissioners; thence for two chains thirty links
more or less in a straight line bearing north twenty-eight degrees west
along the said eastern boundary of land vested in the Victorian
Railways Commissioners to the commencing point, and containing an
area of three acres one rood eleven perches more or less, subject to the
condition that the present occupiers shall not be disturbed until the land
is actually required for railway purposes, of which the Commissioners
shall be the sole judges, and until so required the revenue now derived
from it (if any) by the Board shall continue to be received by the Board.
VIII. Commencing at the north-east angle of the ground occupied by the East
Melbourne Cricket Club being the point of intersection of the southern
side of Wellington-parade south by the western side of Jolimont-road
and proceeding thence for eleven chains sixty links more or less in a
straight line bearing south along the west side of the Jolimont-road to
the south-eastern angle of the said land occupied by the East Melbourne
Cricket Club; thence for fifteen chains ninety links more or less in a
north-westerly and northerly direction along the fence boundaries of the
said land occupied by the East Melbourne Cricket Club to the north-
western angle thereof on the south side of Wellington-parade south and
bounded on the south by land occupied by the Victorian Railways
Commissioners and on the west by that occupied by the National
Gymnasium; thence for seven chains seventy links more or less in a
straight line bearing east along the said south side of Wellington-parade
south to the commencing point, and containing six acres one rood
twenty-nine perches more or less, subject to the conditions that the
present occupiers shall not be disturbed until the land is actually
required for railway purposes, of which the Commissioners shall be the
sole judges, and until so required the revenue now derived from it (if
any) by the Board shall continue to be received by the Board.
Sch. 1
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IX. Commencing on the west side of the Jolimont-road at its intersection
with the northern boundary of the freehold land of the Victorian
Railways Commissioners and proceeding thence for one chain sixty-
eight links in a straight line bearing south-easterly to the intersection of
the eastern side of the Jolimont-road with the northern side of another
portion of freehold land belonging to the Victorian Railways
Commissioners; thence for two chains forty-five links more or less in a
straight line bearing south along the said east side of the Jolimont-road
to its intersection with the south side of the said last-mentioned freehold
railway land; thence for one chain sixty-eight links more or less in a
straight line bearing north-westerly to the intersection of the west side
of the Jolimont-road with the southern side of the first-mentioned
freehold railway land; and thence for two chains forty-five links more
or less in a straight line bearing north along the west side of the
Jolimont-road to the commencing point, and containing an area of one
rood nineteen perches more or less.
X. Commencing at the intersection of the west side of the Jolimont-road
with the northern side of freehold land belonging to the Victorian
Railways Commissioners and proceeding thence for fifty links more or
less in a straight line bearing north along the said west side of the
Jolimont-road; thence for one chain eighty-six links more or less in a
straight line bearing south-easterly to the east side of the said Jolimont-
road; thence for thirty links more or less in a straight line bearing south
along the said east side of the Jolimont-road to the northern side of
other freehold land belonging to the Victorian Railways
Commissioners; thence for one chain sixty-eight links more or less in a
straight line bearing north-westerly to the commencing point, and
containing an area of fourteen perches more or less.
XI. Commencing at the intersection of the west side of the Jolimont-road
with the southern side of freehold land belonging to the Victorian
Railways Commissioners and proceeding thence for one chain sixty-
eight links in a straight line bearing south-easterly to the intersection of
the east side of Jolimont-road with the southern side of other freehold
land belonging to the Victorian Railways Commissioners; thence for
three chains eighteen links more or less in a straight line bearing south
along the said east side of Jolimont-road; thence for one chain fifty-six
links more or less in a straight line bearing north-westerly to the west
side of the said Jolimont-road; thence for three chains eighty links in a
straight line bearing north along the said west side of Jolimont-road to
the commencing point, and containing an area of two roods two perches
more or less.
With the proviso as to the portions of land described as numbers nine
ten and eleven in this Schedule that the Commissioners shall provide
and maintain for public use on and over the same and over the railway
Sch. 1
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lines constructed thereon a footbridge and approaches thereto of not
less breadth than the present footbridge in the line of the Jolimont-road.
XII. Commencing at a point on the Yarra Bank-road which is the south-west
angle of freehold land belonging to the Victorian Railways
Commissioners and proceeding thence for forty-seven chains more or
less in a north-easterly and easterly direction along the southern
boundary of the said freehold railway land to its intersection with the
west side of the Jolimont-road; thence for three chains eighty links
more or less in a straight line bearing south along the said west side of
the Jolimont-road; thence for eighteen chains sixteen links more or less
in a straight line bearing north-west to the north-east corner of the new
Morgue site; thence for one chain fifty links north-westerly in a straight
line along the northern boundary of the said new Morgue site to its
north-west angle; thence for three chains seventy-two links more or less
in a straight line north-westerly to the north-eastern angle of the
Corporation Baths site; thence for one chain fifty links more or less
north-westerly along the northern boundary of the said baths site to its
north-west angle; and thence for nineteen chains thirty-two links more
or less in a straight line still north-westerly to the commencing point,
and containing an area of twenty acres more or less with a right-of-way
when it may be required by the Railway Department over that portion
of land lying between the south of the last-described line the western
side of the Corporation Baths site and the northern side of the Yarra
Bank-road, and also a right-of-way over a strip of land of one chain
wide lying between the land hereinbefore described as No. 12 in this
Schedule and the Yarra Bank-road and parallel to and adjoining the
eastern boundary line of the new Morgue site.
XIII. Commencing at the intersection of the east side of the Jolimont-road
with the southern side of freehold land belonging to the Victorian
Railways Commissioners and proceeding thence for seven hundred and
seventy feet in a straight line bearing south-easterly along the southern
boundary of the said railway land; thence for six hundred and ninety-
four feet more or less in a straight line bearing north-westerly to the
said east side of Jolimont-road; thence for two hundred and ten feet
more or less in a straight line bearing north along the said east side of
Jolimont-road to the commencing point, and containing an area of one
acre two roods twenty-six perches more or less.
XIV. Commencing at the intersection of the east side of the Jolimont-road
with the northern boundary of freehold land the property of the
Victorian Railways Commissioners and proceeding thence for thirty
links more or less in a straight line bearing north along the said east side
of Jolimont-road; thence for one chain sixty-five links more or less in a
straight line bearing south-easterly to the northern boundary of the said
railway land; thence for one chain fifty links in a straight line bearing
north-westerly along the said northern boundary of railway land to the
Sch. 1
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commencing point, and containing an area of three and a quarter
perches more or less.
XV. Commencing at the intersection of the north side of the Footscray-road
with the eastern side of the cut channel of the Moonee Ponds Creek and
proceeding thence for four chains more or less in a northerly direction
along the eastern bank of the said creek channel; thence for eleven
chains thirty-six links more or less in a straight line bearing easterly to
the fenced line of present Railway Reserve forming the western side of
the approach to the old level crossing over the main line of railway to
the north-west of the North Melbourne station; thence for eleven chains
twenty links more or less southerly and westerly along the said fence
and the north side of the Footscray-road to the commencing point, and
containing an area of two acres three roods and sixteen perches more or
less. This land to be held and used for the purposes of the Department
of the Postmaster-General.
Sch. 1
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THE SECOND SCHEDULE
I. Commencing at a point on the eastern side of Spencer-street forming the
north-western angle of allotment 7 section 1A Melbourne and
proceeding thence for two chains forty links more or less in a straight
line bearing north twenty-eight degrees west along the eastern side of
Spencer-street aforesaid to its intersection with the southern side of
Flinders-street one and a half chains wide; thence for ten chains more or
less in a straight line bearing north sixty-two degrees east along the said
southern side of Flinders-street one and a half chains wide to the
intersection of the western side of King-street; thence for three chains
thirty links more or less in a straight line bearing south twenty-eight
degrees east along the western side of King-street aforesaid to its
intersection with the northern side of the new street formed by the
Melbourne Harbour Trust along the Queen's Wharf; thence for four
chains seventy-eight links more or less in a straight line bearing south-
westerly along the north side of the said new street to the eastern
boundary of allotment 3 section 1A aforesaid; thence for two chains
twenty-two links more or less in a straight line bearing north twenty-
eight degrees west along the said eastern boundary of allotment 3
section 1A to the north-eastern angle thereof; thence for six chains more
or less in a straight line bearing south sixty-two degrees west along the
northern boundary of the said section 1A to the commencing point, and
containing an area of three acres and thirty-four perches more or less,
excepting therefrom so much as shall be required for the proposed
Flinders-street Viaduct Railway authorized by Act 48 Victoria No. 821.
II. Commencing at a point on the eastern side of Spencer-street being the
north-western angle of allotment 7 section 1A Melbourne and
proceeding thence for six chains more or less in a straight line bearing
north sixty-two degrees east along the northern boundary of the said
section to the north-eastern angle of allotment 3 thereof; thence for two
chains twenty-two links more or less in a straight line bearing south
twenty-eight degrees east to the intersection of the northern side of the
new street formed by the Melbourne Harbour Trust along the Queen's
Wharf; thence for six chains fourteen links more or less in a south-
westerly direction along the northern side of the said new street to the
intersection of the eastern side of Spencer-street aforesaid; thence for
three chains sixty-two links more or less in a straight line bearing north
twenty-eight degrees west along the said eastern side of Spencer-street
to the commencing point, and containing an area of one acre three roods
seven perches more or less, excepting therefrom so much as shall be
required for the proposed Flinders-street Viaduct Railway authorized by
Act 48 Victoria No. 821.
Sch. 2
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III. Commencing at a point being the intersection of the southern side of
Flinders-street one chain fifty links wide with the eastern side of King-
street and proceeding thence for six chains sixty links more or less in a
straight line bearing north sixty-two degrees east along the said southern
side of Flinders-street one chain fifty links wide to the intersection of
the northern side of the new street constructed by the Melbourne
Harbour Trust along the Queen's Wharf; thence for seven chains twelve
links more or less in a south-westerly direction along the northern side
of the said new street to the intersection of the eastern side of King-
street aforesaid; thence for two chains eighty links more or less in a
straight line bearing north twenty-eight degrees west along the eastern
side of King-street to the commencing point, and containing an area of
three roods thirty-five perches more or less, excepting therefrom so
much as shall be required for the proposed Flinders-street Viaduct
Railway authorized by Act 48 Victoria No. 821, with the proviso that
the Council shall be entitled to the use of the spaces under the Flinders-
street Viaduct Railway mentioned in the description of portions of land
numbered one two and three in this Schedule subject to railway
requirements.
V. Commencing at the intersection of the south-eastern side of Lonsdale-
street with the north-eastern side of Spencer-street and proceeding
thence for five chains more or less in a straight line bearing north sixty-
two degrees east along the said south-eastern side of Lonsdale-street;
thence for four chains seventy-five links more or less in a straight line
bearing south twenty-eight degrees east to the north-western side of
Little Bourke-street; thence for five chains more or less in a straight line
bearing south sixty-two degrees west along the said north-western side
of Little Bourke-street to its intersection with the north-eastern side of
Spencer-street; thence for four chains seventy-five links more or less in
a straight line bearing north twenty-eight degrees west along the north-
eastern side of Spencer-street to the commencing point, and containing
an area of two acres one rood twenty perches more or less.
VI. Commencing at the intersection of the south side of Victoria-street with
the north side of Therry-street and proceeding thence in a straight line
bearing westerly along the north side of Therry-street to Elizabeth-
street; thence in a straight line bearing northerly along the eastern side
of Elizabeth-street in line with the eastern side of Leicester-street one
hundred and fifty-one feet; thence by a line bearing easterly twenty-five
feet three inches; thence by a line northerly thirty-two feet to a point on
the southern side of Victoria-street distant twenty-nine feet eight inches
from the south-eastern corner of Victoria-street and Elizabeth-street;
thence easterly along the southern side of Victoria-street three hundred
Sch. 2 Pt 4
repealed by
No. 1182 s. 9.
Sch. 2
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and twenty-four feet six inches to the commencing point, and containing
an area of two roods twenty-three perches and seven-tenths of a perch
mere or less.
VII. Commencing at a point on the western side of Spencer-street formed by
the intersection of the production westerly of the northern side of
Flinders-street and proceeding thence for thirty-two links more or less in
a straight line bearing south twenty-eight degrees east; thence for three
chains six links more or less in a straight line bearing south-westerly to
the intersection of the production westerly of the southern side of
Flinders-street one and a half chains wide; thence for nineteen chains
twelve links more or less in a straight line bearing south sixty-two
degrees west being a production westerly of the said south side of
Flinders-street to the intersection of the fenced line forming the
southernmost boundary of the Spencer-street Railway Reserve; thence
for three chains thirty-six links more or less in a straight line bearing
westerly along the said Railway Reserve boundary; thence for twenty-
four chains ninety links more or less in a straight line bearing north
sixty-two degrees east being a production westerly of the said northern
side of Flinders-street to the commencing point, and containing three
acres one rood seven perches more or less.
══════════════
Sch. 2
Sch. 3
repealed by
No. 1054
s. 2(Sch. 1).
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The Railway Melbourne Lands Exchange Act 1888
14
ENDNOTES
General Information
The Railway Melbourne Lands Exchange Act 1888 was assented to on
22 December 1888 and came into operation on 22 December 1888.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 1003/1888
The Railway Melbourne Lands Exchange Act 1888
15
2. Table of Amendments
This Version incorporates amendments made to The Railway Melbourne
Lands Exchange Act 1888 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
The Railway Melbourne Lands Exchange Act 1889, No. 1054/1889
Assent Date: 25.11.1889
Commencement Date: 25.11.1889
Current State: All of Act in operation
Melbourne Harbor Trust Act 1890 (No. 2), No. 1182/1890
Assent Date: 19.12.1890
Commencement Date: 19.12.1890
Current State: All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
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The Railway Melbourne Lands Exchange Act 1888
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3. Explanatory Details
No entries at date of publication.
Endnotes