Version incorporating amendments as at
22 June 2011
table of provisions
Section Page
Purposes 1
Commencement 1
Revocation of reservations 1
Reservation of land 3
Long-term marina development leases 3
Order to include Plan of Survey 4
PMA's powers to continue 4
No compensation payable by the Crown 5
SCHEDULES 6
SCHEDULE 1—Land in respect of which the reservations are revoked 6
SCHEDULE 2—Plan of Werribee South Land 7
ENDNOTES 8
General Information 8
Table of Amendments 9
Explanatory Details 10
Version No.004
Werribee South Land Act 1991
No. 11 of 1991
Version incorporating amendments as at
22 June 2011
The Parliament of Victoria enacts as follows:
1 Purposes
The purposes of this Act are—
(a) to revoke in part the permanent and temporary reservations of lands at Werribee South; and
(b) to reserve those and neighbouring lands for recreation and tourism; and
(c) to authorise the granting of long-term leases for marina development over those reserved lands.
2 Commencement
This Act comes into operation on a day to be proclaimed.
3 Revocation of reservations
(1) In this section—
cross-hatched plan means the land shown cross-hatched on the plan in Schedule 2 or that land as nearly as practicable;
hatched plan means the land shown hatched on the plan in Schedule 2 or that land as nearly as practicable.
(2) The Minister administering the Crown Land (Reserves) Act 1978, on receiving a Plan of Survey, signed by the Surveyor-General, of the cross-hatched land and the hatched land may recommend to the Governor in Council that—
(a) the Order in Council specified in Item 1 of Schedule 1 be revoked to the extent that it applies to the cross-hatched land; and
s. 3
(b) the Order in Council specified in Item 2 of Schedule 1 be revoked to the extent that it applies to the hatched land.
(3) On the Minister's recommendation the Governor in Council, by order published in the Government Gazette, may declare that—
(a) the Order in Council specified in Item 1 of Schedule 1 is revoked to the extent that it applies to the cross-hatched land specified in the Plan of Survey; and
(b) the Order in Council specified in Item 2 of Schedule 1 is revoked to the extent that it applies to the hatched land specified in the Plan of Survey.
(4) On the publication in the Government Gazette of an Order under subsection (3)—
(a) the Orders in Council specified in Schedule 1 are revoked to the extent provided by the Order; and
(b) despite any Act or Law to the contrary, the cross-hatched land and the hatched land specified in the Plan of Survey are deemed to be unalienated lands of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
4 Reservation of land
(1) The Minister administering the Crown Land (Reserves) Act 1978, on receiving a Plan of Survey, signed by the Surveyor-General, of the land to which an order made under section 3 applies, and the land shown stippled on the plan in Schedule 2 or that land as nearly as practicable, may recommend to the Governor in Council that the land be temporarily reserved for recreation and tourism.
(2) On the Minister's recommendation the Governor in Council, by order published in the Government Gazette, may declare that the land specified in the Plan of Survey is temporarily reserved for recreation and tourism.
s. 4
(3) On the date of publication in the Government Gazette of an Order under this section, the land to which the Order applies is deemed to be temporarily reserved under the Crown Land (Reserves) Act 1978 for recreation and tourism.
5 Long-term marina development leases
(1) The Minister administering the Crown Land (Reserves) Act 1978, on receiving a Plan of Survey, signed by the Surveyor-General, of all or any part of the land to which an Order made under section 4 applies, may recommend to the Governor in Council that long-term leases be authorised over the land in the Plan of Survey.
(2) On the Minister's recommendation the Governor in Council, by Order published in the Government Gazette, may authorise the granting of long-term leases over all or any part of the land in the Plan of Survey.
S. 5(3) amended by No. 85/2006 s. 174.
(3) On and from the date of publication in the Government Gazette of an Order under this section the Minister administering the Crown Land (Reserves) Act 1978 or, with that Minister's approval, a Committee of Management for the land in the Plan of Survey may grant leases over all or any part of that land for the purposes of marina development, for terms each of which is not more than 99 years.
(4) Leases referred to in this section may be granted despite anything to the contrary in any Order under section 4 or in any Act, law or other instrument.
(5) Subject to subsections (3) and (4), the Crown Land (Reserves) Act 1978 applies to leases under this section.
6 Order to include Plan of Survey
s. 6
An Order made under section 3, 4 or 5 must include a copy of the Plan of Survey of the land to which the Order applies.
7 PMA's powers to continue
If any of the land to which an Order under section 3 applies was immediately before the date of publication of the Order in the Government Gazette subject to the Port of Melbourne Authority Act 1958—
(a) the land continues subject to that Act despite anything in that Order or in any Order made under section 4 or 5; and
(b) nothing in paragraph (a) or that Act takes away, limits or affects the leasing powers in section 5.
8 No compensation payable by the Crown
s. 8
Except as expressly provided in any lease referred to in section 5, no compensation is payable by the Crown in respect of anything done under or arising out of this Act.
SCHEDULES
Sch. 1 amended by No. 29/2011 s. 3(Sch. 1 item 108).
SCHEDULE 1
Section 3
Land in respect of which the reservations are revoked
Sch. 1
Item
Situation and area of land
Instrument and date of reservation
Description of land by reference to Government Gazette
Purpose of reservation
Extent of revocation
1
Shore of Port Phillip Bay
Order in Council 26 May 1873
15 November 1872, page 2086 and 13 June 1873, page 1059
Site for Public Purposes
As to cross-hatched land on plan in Schedule 2
2
Parish of Deutgam County of Bourke, 3 hectares more or less
Order in Council 23 August 1988
31 August 1988 page 2628
Site for Public Purposes
As to hatched land on plan in Schedule 2
Sch. 2 substituted by No. 85/2006 s. 175(Sch. 2).
SCHEDULE 2
Sch. 2
Sections 3 and 4
Plan of Werribee South Land
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ENDNOTES
General Information
Endnotes
Minister's second reading speech—
Legislative Assembly: 14 March 1990
Legislative Council: 10 April 1991
The long title for the Bill for this Act was "A Bill to revoke the reservations of certain lands at Werribee South, reserve those and other lands for recreation and tourism, to authorise the granting of long-term leases over those reserved lands and other purposes.
The Werribee South Land Act 1991 was assented to on 23 April 1991 and came into operation on 8 September 2006: Government Gazette 7 September 2006 page 1873.
Table of Amendments
Endnotes
This Version incorporates amendments made to the Werribee South Land Act 1991 by Acts and subordinate instruments.