Victorian Legislation and Parliamentary Documentsi
Version No. 001
West Melbourne Lands Act 1968
Act No. 7710/1968
Version as at 24 February 2003
TABLE OF PROVISIONS
Section Page
Short title and commencement 3
Definitions 3
Crown grant of lands in First Schedule revoked 4
Divesting of lands in Second Schedule from the Commissioners 4
Dedication of lands in Fourth Schedule 5
Defrayal of cost of relocation of Appleton Dock-road 5
Victorian Legislation and Parliamentary Documents1
Version No. 001
West Melbourne Lands Act 1968
Act No. 7710/1968
Version as at 24 February 2003
An Act relating to the Extension of the Site for a Market and
other Municipal Purposes at West Melbourne, the Revocation of
the Crown Grant of certain Lands to the Melbourne and
Metropolitan Tramways Board to enable the Issue of a Crown
Grant to the City of Melbourne for those Purposes and the
Divesting of certain other Lands from the Melbourne Harbor
Trust Commissioners to enable the Issue of a Crown Grant of
Part of those Lands to the Melbourne and Metropolitan
Tramways Board and the Dedication of Part as a Public
Highway.
Preamble
WHEREAS certain Crown lands in the Parish of
Doutta Galla described in the First Schedule1
were granted to the Melbourne and Metropolitan
Tramways Board pursuant to the Land (Special
Grants) Act 1959:
AND WHEREAS it is expedient that the Crown
grant relating to those lands should be revoked
and that those lands should become unalienated
lands of the Crown and that those lands should
for the consideration of $200,000 and subject to
the covenants conditions reservations restrictions
and exceptions hereinafter provided be granted to
the Lord Mayor Councillors and Citizens of the
City of Melbourne to be used as a site for a
market and other municipal purposes:
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
2
AND WHEREAS it has been agreed between the
Treasurer of Victoria the Lord Mayor Councillors
and Citizens of the City of Melbourne and the
Melbourne and Metropolitan Tramways Board
that the consideration of $200,000 should be paid
by the Lord Mayor Councillors and Citizens of
the City of Melbourne into Consolidated
Revenue:
AND WHEREAS it has been agreed between the
Treasurer of Victoria the Melbourne and
Metropolitan Tramways Board and the
Melbourne Harbor Trust Commissioners that the
sum of $190,000 should be paid to the Melbourne
and Metropolitan Tramways Board, and the sum
of $10,000 should be paid to the Melbourne
Harbor Trust Commissioners:
AND WHEREAS it is expedient that certain
lands described in the Second Schedule being
part of the lands vested in the Melbourne Harbor
Trust Commissioners under the Melbourne
Harbor Trust Act 1958 should be divested from
the Melbourne Harbor Trust Commissioners and
should become unalienated lands of the Crown
and that so much of those lands as is described in
the Third Schedule should subject to the
covenants conditions reservations restrictions and
exceptions hereinafter provided be granted to the
Melbourne and Metropolitan Tramways Board:
AND WHEREAS it is expedient that those lands
described in the Fourth Schedule being the lands
described in the Second Schedule excepting those
described in the Third Schedule should be
dedicated to the public as a public highway to be
used in connexion with the works authorized
under the Coal Canal Bridge Act 1960:
AND WHEREAS part of the lands in the Second
Schedule forms part of the existing access road
and port services relating to Appleton Dock:
Preamble
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
3
AND WHEREAS it has been agreed that the said
part of the access road and port services should
be relocated on adjoining land vested in the
Melbourne Harbor Trust Commissioners and that
the cost of such relocation should be defrayed
equally between the Melbourne Harbor Trust
Commissioners and the Melbourne and
Metropolitan Tramways Board:
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 and commencement
(1) This Act may be cited as the West Melbourne
Lands Act 1968.
(2) The several provisions of this Act shall come into
operation on a day or respective days to be fixed
by proclamation or successive proclamations of
the Governor in Council published in the
Government Gazette.
Definitions
In this Act unless inconsistent with the context or
subject-matter—
"Board" means the Melbourne and Metropolitan
Tramways Board;
"City of Melbourne" means the Lord Mayor
Councillors and Citizens of the City of
Melbourne;
"Commissioners" means the Melbourne Harbor
Trust Commissioners.
s. 1
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
4
3. Crown grant of lands in First Schedule revoked
(1) Notwithstanding anything in any Act or law the
Crown grant relating to the lands granted to the
Board and described in the First Schedule2 shall
be revoked made void and annulled and the said
lands shall be and be deemed to be unalienated
lands of the Crown freed and discharged from all
trusts encumbrances reservations limitations and
restrictions whatsoever and from every estate or
interest therein.
(2) Notwithstanding anything in any Act or law and
upon payment by the City of Melbourne of the
sum of $200,000 into the Consolidated Revenue
the Governor in Council shall grant the land
described in the First Schedule to the City of
Melbourne in fee simple subject to such covenants
conditions reservations restrictions and exceptions
as the Governor in Council thinks fit and in
particular to the condition that the said land shall
at all times be used as and for a site for a market
and for other municipal purposes.
(3) The Treasurer of Victoria shall upon payment of
the sum of $200,000 by the City of Melbourne
into the Consolidated Revenue pay out of the
Consolidated Revenue which is hereby to the
necessary extent appropriated accordingly the sum
of $190,000 to the Board and the sum of $10,000
to the Commissioners.
4. Divesting of lands in Second Schedule from the
Commissioners
(1) Notwithstanding anything in any Act or law the
lands described in the Second Schedule shall be
divested from the Commissioners and shall be and
be deemed to be unalienated lands of the Crown
freed and discharged from all trusts encumbrances
reservations limitations and restrictions
s. 3
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
5
whatsoever and from every estate or interest
therein.
(2) Notwithstanding anything in any Act or law the
lands described in the Third Schedule shall be
granted for an estate in fee simple to the Board
subject to such covenants conditions reservations
restrictions and exceptions as the Governor in
Council thinks fit and subject to the right of the
Melbourne and Metropolitan Board of Works, or
such other public authority as may be authorized
to construct the road and elevated roadway
hereinafter referred to, its servants agents and
workmen and all other persons by it authorized so
far as is necessary for or in connexion with the
construction maintenance and use as a highway of
a road and elevated roadway linking Dynon-road
and Footscray-road, to enter upon and use that
part of the said lands which is described in the
Fifth Schedule.
5. Dedication of lands in Fourth Schedule
The lands described in the Fourth Schedule are
hereby dedicated to the public as a public highway
under the care and management of and shall be
maintained by the City of Melbourne.
6. Defrayal of cost of relocation of Appleton Dock-road
The cost necessarily incurred of the relocation of
that part of the access road and port services
relating to Appleton Dock and forming part of the
lands described in the Second Schedule shall be
defrayed equally between the Commissioners and
the Board.
s. 5
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
6
7. Amendment of Melbourne Harbor Trust Act 1958
At the end of Part II of the Second Schedule to the
Melbourne Harbor Trust Act 1958 there shall
be inserted the following expression:
";
Sixthly, the lands described in the Second
Schedule to the West Melbourne Lands
Act 1968.".
s. 7
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
7
SCHEDULE
FIRST SCHEDULE
Crown Grant of Land to the Melbourne and Metropolitan Tramways Board
now to be revoked and Crown Grant issued to the Lord Mayor
Councillors and Citizens of the City of Melbourne.
Fifteen acres and seven perches, more or less, Parish of Doutta Galla, County
of Bourke, being allotment 11, section 1B:
Commencing at the south-eastern angle of allotment 12, section 1B,
bounded thence by the eastern boundary of that allotment bearing
0º 5' 1507 6/10 links; by a line bearing 90º 27' 1000 links; by the western
boundary of allotment 10 bearing 180º 5' 1501 2/10 links; and thence by the
northern alignment of Footscray-road bearing 270º 5' 1000 links to the point
of commencement.
Section 3.
Sch. 1
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
8
SECOND SCHEDULE
Land to be divested from the Melbourne Harbor Trust Commissioners.
Eighteen acres three roods nine perches, more or less, Parish of Doutta Galla,
County of Bourke:
Commencing at the intersection of the southern alignment of Footscray-road
and the western boundary of allotment 6, section B; bounded thence by that
allotment boundary bearing 181º 10' 697 5/10 links; thence south-westerly
1496 8/10 links in an arc of a circle of radius 712 1/10 links with centre
lying northerly and with chord of the arc bearing 241º 23' 1236 1/10 links;
by a line bearing 301º 36' 711 2/10 links; thence north-easterly 853 5/10 links
in an arc of a circle of radius 1590 9/10 links with centre lying westerly and
with chord of the arc bearing 20º 29' 843 3/10 links; by a line bearing
0º 5' 128 8/10 links; and thence by Footscray-road being 90º 5' 1409 9/10
links to the point of commencement.
Section 4.
Sch. 2
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
9
THIRD SCHEDULE
Land for which Crown Grant is to issue to the Melbourne and Metropolitan
Tramways Board.
Sixteen acres three roods thirty-nine perches, more or less, Parish of Doutta
Galla, County of Bourke:
Commencing at a point on the western boundary of allotment 6, section B,
bearing 181º 10' 128 8/10 links from the intersection of that boundary and the
southern alignment of Footscray-road; bounded thence by the said allotment
boundary bearing 181º 10' 568 7/10 links; thence south-westerly 1496 8/10
links in an arc of a circle of radius 712 1/10 links with centre lying northerly
and with chord of the arc bearing 241º 23' 1236 1/10 links; by a line bearing
301º 36' 711 2/10 links; thence north-easterly 853 5/10 links in an arc of a
circle of radius 1590 9/10 links with centre lying westerly and with chord
of the arc bearing 20º 29' 843 3/10 links; and thence by a line bearing
90º 5' 1407 5/10 links to the point of commencement.
Section 4.
Sch. 3
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
10
FOURTH SCHEDULE
Strip of land 85 feet wide to be dedicated to the public as a public highway
and to be under the care and management of and be maintained by the
City of Melbourne.
One acre three roods ten perches, more or less, Parish of Doutta Galla,
County of Bourke:
Commencing at the intersection of the southern alignment of Footscray-road
and the western boundary of allotment 6, section B; bounded thence by that
allotment boundary bearing 180º 10' 128 8/10 links; by lines bearing
270º 5' 1407 5/10 links and 0º 5' 128 8/10 links; and thence by Footscray-
road bearing 90º 5' 1409 9/10 links to the point of commencement.
Section 5.
Sch. 4
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
11
FIFTH SCHEDULE
Land, being part of the lands described in the Third Schedule, which the
Melbourne and Metropolitan Board of Works or other authorized
constructing authority may enter upon and use in connexion with the
construction maintenance and use, as a highway, of a road linking
Dynon-road and Footscray-road.
Two acres three roods three perches, more or less, Parish of Doutta Galla
County of Bourke:
Commencing at the north-eastern angle of the subject land; bounded thence
by that land bearing 181º 10' 568 7/10 links and south-westerly 60 1/10 links
in an arc of a circle of radius 712 1/10 links with centre lying westerly and
with chord of the arc bearing 183º 35' 60 1/10 links; by a line bearing
270º 5' 38 4/10 links; thence north-westerly 386 links in an arc of a circle of
radius 378 8/10 links with centre lying northerly and with chord of the arch
bearing 299º 16' 369 6/10 links; by a line bearing 328º 28' 526 4/10 links; and
thence by the subject land bearing 90º 5' 651 5/10 links to the point of
commencement.
═══════════════
Section 4.
Sch. 5
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
12
ENDNOTES
General Information
The West Melbourne Lands Act 1968 was assented to on 22 October 1968
and came into operation as follows:
All of Act (except sections 4, 5, 7) on 5 February 1969: Government Gazette
5 February 1969 page 238; sections 4, 5, 7 on 17 March 1971: Government
Gazette 17 March 1971 page 634.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
13
2. Table of Amendments
There are no amendments made to the West Melbourne Lands Act 1968 by
Acts and subordinate instruments.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 7710/1968
West Melbourne Lands Act 1968
14
3. Explanatory Details
1 Preamble: Crown grant volume 8242, folio 519.
2 S. 3(1): see note 1.
Endnotes