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LAND (MISCELLANEOUS MATTERS) BILL 2005

           Land (Miscellaneous Matters) Bill

                        Introduction Print

              EXPLANATORY MEMORANDUM


                              Clause Notes

                      PART 1--PRELIMINARY
Clause 1   sets out the main purposes of the Bill which are--
             ·      to revoke the reservations relating to various parcels of
                    land and the Crown grants in relation to some of those
                    parcels and to re-reserve part of one of those parcels of
                    land; and
             ·      to amend the Ballarat (Sovereign Hill) Land Act 1970
                    to provide for additional land to be included in the
                    reserved land to which that Act applies.

Clause 2   provides for commencement of the Bill.
           The Bill, except for Part 2, comes into operation on the day after
           the day on which it receives the Royal Assent. Part 2 comes into
           operation either on a day to be proclaimed or upon the default
           commencement date of 31 December 2006.

           PART 2--ANGLICARE VICTORIA LAND
Clause 3   provides for the revocation of reservations and the Crown grant
           relating to the Anglicare Victoria land in the Parish of North
           Melbourne that was originally reserved as a site for a servants'
           training asylum and for social welfare purposes.

Clause 4   provides that, subject to clause 5, upon the revocation of the
           Anglicare Victoria land reservations--
             ·      the relevant land is deemed to be unalienated land of the
                    Crown, freed and discharged from all trusts, limitations,
                    reservations, restrictions, encumbrances, estates and
                    interests; and


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551328                                       BILL LA INTRODUCTION 19/5/2005

 


 

· the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and · any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. Clause 5 provides for the preservation of a lease between Anglicare Victoria and Bayside Health which commenced on 20 October 2004. Sub-clause (1) provides that nothing done by Part 2 of the Bill affects the status or continuity of the relevant lease. Sub-clause (2) provides that on and from the commencement of Part 2 of the Bill, the relevant lease has effect as a lease between the Minister and the lessee as if the lease referred to the Minister instead of the lessor. Sub-clause (3) provides that if a Crown grant of any land affected by the relevant lease is issued, it will not affect the status or continuity of the lease. In such a case, the lease will have effect as a lease between the Crown grantee and the lessee as if the lease referred to the Crown grantee instead of the lessor. Sub-clause (4) provides that this clause has effect despite anything to the contrary in any Act or law or in a Crown grant of the land. Sub-clause (5) provides that nothing effected by this clause-- · is to be regarded as placing any person in a breach of or as constituting a default under any provision prohibiting, restricting or regulating the assignment of the relevant lease; or · is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement of obligation; or · releases any surety or other obligor wholly or in part from any obligation. Sub-clause (6) defines the "relevant lease" for the purposes of this clause to mean the lease between Anglicare Victoria and Bayside Health which commenced on 20 October 2004 and which relates to part of the land specified in item 1 of Schedule 1. 2

 


 

PART 3--BERRY STREET CHILD AND FAMILY CAE CENTRE LAND Clause 6 provides for the revocation of the reservation and Crown grant relating to the Berry Street Child and Family Care Centre land in the Parish of North Melbourne that was originally reserved as a site for infant asylum. Clause 7 provides that, subject to clause 8, upon the revocation of the Berry Street Child and Family Care Centre land reservation-- · the relevant land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and · the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and · any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. Clause 8 provides that on the revocation of the reservation referred to in clause 6, part of that land is deemed to be temporarily reserved for public purposes (child care) under section 4(1) of the Crown Land (Reserves) Act 1978. The re-reserved land is shown in Schedule 2 to the Bill. PART 4--AMENDMENT OF BALLARAT (SOVEREIGN HILL) LAND ACT 1970 Clause 9 inserts a definition of "museum site land" into section 2 of the Ballarat (Sovereign Hill) Land Act 1970. Clause 10 inserts a new section 5CA into the Ballarat (Sovereign Hill) Land Act 1970 which provides that on the commencement of Part 4 of the Bill, the land shown hatched on the plan in Schedule 1 (as inserted by clause 13 of the Bill)-- · is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and · the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and 3

 


 

· any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and · if any part of the land is or is being used as a road, that part of the land ceases to be a road and all rights, easements and privileges existing or claimed in it also cease; and · that land is deemed to be permanently reserved for the purposes set out in section 5C of the Ballarat (Sovereign Hill) Land Act 1970 and forms part of the museum site land. Clause 11 amends section 6(1) of the Ballarat (Sovereign Hill) Land Act 1970 to provide that the Minister may grant a lease with respect to "museum site land". "Museum site land" is defined in clause 9 to mean the land deemed to be permanently reserved by section 5C of the Ballarat (Sovereign Hill) Land Act 1970 and the land shown hatched on the plan in the new Schedule 1 which is to be inserted into the Ballarat (Sovereign Hill) Land Act 1970 by clause 13 of the Bill. Clause 12 inserts a new section 6A into the Ballarat (Sovereign Hill) Land Act 1970. Sub-section (1) of the new provision provides that a lease granted under section 6 of the Ballarat (Sovereign Hill) Land Act 1970 immediately before the commencement of Part 4 of the Bill has effect on and from that commencement as if the land shown hatched on the plan in the new Schedule 1 of the Ballarat (Sovereign Hill) Land Act 1970 (inserted by clause 13) was included in the area of land which is subject to that lease. Sub-section (2) provides that nothing effected by new section 6A-- · is to be regarded as placing any person in a breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease; or · is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement of obligation. 4

 


 

Clause 13 inserts a new Schedule 1 into the Ballarat (Sovereign Hill) Land Act 1970 which describes the additions to the museum site land. PART 5--GENERAL Clause 14 provides that the Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Bill. SCHEDULE Schedule 1 describes the land in respect of which reservations are revoked by Parts 2 and 3 of the Bill. Schedule 2 describes the land to be temporarily reserved for public purposes (child care) under section 4(1) of the Crown Land (Reserves) Act 1978. The temporary reservation is provided for by clause 8 of the Bill. 5

 


 

 


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