Victorian Bills Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]


LAND (REVOCATION OF RESERVATIONS AND OTHER MATTERS) BILL 2009

  Land (Revocation of Reservations and
        Other Matters) Bill 2009

                          Introduction Print

               EXPLANATORY MEMORANDUM


                                   General
Part 1 of the Bill provides for preliminary matters, namely the purposes and
commencement of the Bill.
Part 2 of the Bill provides for the revocation of certain reservations and
restricted Crown grants.
Part 3 of the Bill facilitates the transfer of management responsibilities for
the Yarra Bend Park from the Yarra Bend Park Trust to Parks Victoria and
repeals the Kew and Heidelberg Lands Act 1933 and the Kew and
Heidelberg Lands Act 1958.
Part 4 of the Bill facilitates a land exchange between the Crown and the
Melbourne Racing Club.
Part 5 of the Bill provides for the revocation of part of the reservation over
Royal Park Reserve and its temporary re-reservation as a site for a zoological
park.
Part 6 of the Bill revokes the reservation and temporarily re-reserves the
Western Oval Reserve and repeals the Footscray (Recreation Ground)
Lands Act 1968 and the Footscray (Western Oval Reserve) Lands Act
1981.
Part 7 of the Bill amends the Geelong (Kardinia Park) Land Act 1950.

                                Clause Notes

                       PART 1--PRELIMINARY
Clause 1    sets out the purposes of the Bill, which are to revoke certain
            reservations and restricted Crown grants; to repeal the Kew and
            Heidelberg Lands Act 1933 and the Kew and Heidelberg
            Lands Act 1958 and to dissolve the Yarra Bend Park Trust; to
            amend the Geelong (Kardinia Park) Land Act 1950; to repeal


561343                                 1       BILL LA INTRODUCTION 15/9/2009

 


 

the Footscray (Recreation Ground) Lands Act 1968 and the Footscray (Western Oval Reserve) Lands Act 1981; and to reserve certain land temporarily. Clause 2 provides for the commencement of Part 1 of the Bill on the day after the day on which it receives Royal Assent. The remaining provisions of the Bill come into operation on a day or days to be proclaimed or 1 July 2010, whichever is earlier. PART 2--REVOCATION OF RESERVATIONS Clause 3 revokes the permanent reservation as a site for Jewish alms- houses and the related Crown grant of land occupied by Montefiore Homes Community Residence. Clause 4 revokes the permanent reservation as a site for a cemetery of land occupied by the Altona Memorial Park Cemetery. Clause 5 revokes the permanent reservation as a site for public recreation of land occupied by the J.R. Parsons Reserve in Sunshine. Clause 6 revokes the permanent reservation as a site for public purposes of land occupied by the Kananook Creek Reserve in Seaford. Clause 7 sets out the consequences of revoking these reservations. On the revocation of a permanent reservation of land, that land is deemed to be unalienated Crown land. Any regulations under section 13 of the Crown Land (Reserves) Act 1978 or appointment of a committee of management or trustees are also revoked to the extent they apply to the land. Clause 8 requires the Registrar of Titles to make amendments to the Register of land kept under the Transfer of Land Act 1958 necessitated by the operation of Part 2 of the Bill. PART 3--YARRA BEND PARK Clause 9 sets out definitions of Parks Victoria, the Park and the Trust for the purposes of Part 3 of the Bill. Clause 10 revokes the Crown grant of Yarra Bend Park. Clause 11 provides that Parks Victoria is the committee of management appointed under the Crown Land (Reserves) Act 1978 for the Park. 2

 


 

Clause 12 provides for the dissolution of the Yarra Bend Park Trust and provides that the persons appointed or holding office as trustees go out of office and divests the Park from the Trust. All rights, property and assets and all debts, liabilities and obligations of the Trust existing immediately before the commencement of Part 3 of the Bill are vested in the State. The State is substituted as a party to any proceedings in any court or tribunal to which the Trust was a party immediately before commencement the Bill. The Bill further provides for the revocation of any regulations made under section 13 of the Crown Land (Reserves) Act 1978 that apply to the Park. Clause 13 preserves specified leases currently existing over land in the Park by substituting Parks Victoria as lessor for the Trust. Clause 13 also provides that nothing in Part 3 of the Bill places any person in breach of or constitutes a default under the leases or fulfils a condition allowing a person to exercise a right or remedy or terminate an agreement or obligation or release any surety or other obligor from any obligation. Clause 14 expressly preserves the permanent reservation as a site for a public park and recreation of the Park despite the repeal of the Kew and Heidelberg Lands Act 1933. Clause 15 repeals the Kew and Heidelberg Lands Act 1933 and the Kew and Heidelberg Lands Act 1958. The Kew and Heidelberg Lands Act 1933 revoked certain reservations of land and related restricted Crown grants and reserved certain land for the purposes of the Park. The Kew and Heidelberg Lands Act 1933 established the Trust to manage, control and make improvements to the Park and vested the Park in the Trust. The Kew and Heidelberg Lands Act 1958 closed a portion of Studley Park Road in the city of Kew and added certain land to the Yarra Bend Park. The Kew and Heidelberg Lands Act 1933 and the Kew and Heidelberg Lands Act 1958 will be redundant following the transfer of management responsibilities for the Park from the Trust to Parks Victoria by the Bill. Existing leases over land in the Park currently in force are expressly preserved by clause 13. Clause 16 requires the Registrar of Titles to make amendments to the Register of land kept under the Transfer of Land Act 1958 necessitated by the operation of Part 3 of the Bill. 3

 


 

PART 4--CAULFIELD RACECOURSE Clause 17 revokes the permanent reservation as a site for racing, recreation and public park purposes and the related Crown grant of specified land currently occupied by the Caulfield Racecourse Reserve. Clause 18 sets out the consequences of revoking the reservation. On the revocation of the permanent reservation, the land is unalienated land of the Crown. Any regulations under section 13 of the Crown Land (Reserves) Act 1978 or appointment of a committee of management or trustee relating to the land are also revoked to the extent they apply to the land. Clause 19 provides for the reservation of specified land for racing, recreation and public purposes and its inclusion in the Crown Grant to which Caulfield Racecourse is subject once the land is surrendered to the Crown by the Melbourne Racing Club. On surrender, the land is taken to be unalienated Crown land and to form part of Caulfield Racecourse for the purposes of the Racing Act 1958. Clause 20 requires the Registrar of Titles to make amendments to the Register of land kept under the Transfer of Land Act 1958 necessitated by the operation of Part 4 of the Bill. PART 5--ROYAL PARK RESERVE Clause 21 revokes the permanent reservation as a site for a public park of specified land occupied by the Royal Park Reserve. Clause 22 sets out the consequences of revoking the reservation. On the revocation of the reservation, the land is taken to be unalienated land of the Crown. Any regulations under section 13 of the Crown Land (Reserves) Act 1978 or appointment of a committee of management or trustee relating to the land are also revoked to the extent they apply to the land. Clause 23 provides that on revocation of the reservation by clause 22, the land is temporarily reserved as a site for a zoological park under section 4(1) of the Crown Land (Reserves) Act 1978. Temporary reservation as a site for a zoological park is a precondition for a declaration under section 24 of the Zoological Parks and Gardens Act 1995 for the land to be a zoological park for the purposes of that Act. 4

 


 

Clause 24 requires the Registrar of Titles to make amendments to the Register of land kept under the Transfer of Land Act 1958 necessitated by the operation of Part 5 of the Bill. PART 6--WESTERN OVAL RESERVE Clause 25 revokes the reservation of land in Footscray that was permanently reserved for recreation purposes by section 3(2) of the Footscray (Recreation Ground) Lands Act 1968. Clause 26 sets out the consequences of revoking the reservation. On the revocation of the reservation, the relevant land is deemed to be unalienated land of the Crown. Any regulations under section 13 of the Crown Land (Reserves) Act 1978 or appointment of a committee of management or trustee relating to the land are also revoked to the extent they apply to the land. Clause 27 temporarily re-reserves the land as a site for recreation, social and community purposes. Clause 28 repeals the Footscray (Recreation Ground) Lands Act 1968 and the Footscray (Western Oval Reserve) Lands Act 1981. The Footscray (Recreation Ground) Lands Act 1968 reserved the relevant land for recreation purposes and appointed the corporation of the municipality of Footscray (now Maribyrnong City Council) as committee of management. The 1968 Act authorised the committee of management to grant leases over the whole or part of the land subject to the approval of the Governor in Council for a maximum term of 21 years for the purposes of sport, recreation or social activities. The Footscray (Western Oval Reserve) Lands Act 1981 amended the Footscray (Recreation Ground) Lands Act 1968 so that the committee of management could grant leases for 40 years. There are currently no leases under these Acts. The Footscray (Western Oval Reserve) Lands Act 1981 and Footscray (Recreation Ground) Lands Act 1968 are redundant as the relevant land will be managed under the Crown Land (Reserves) Act 1978. Clause 29 requires the Registrar of Titles to make amendments to the Register of land kept under the Transfer of Land Act 1958 necessitated by the operation of Part 6 of the Bill. 5

 


 

PART 7--MISCELLANEOUS AMENDMENTS Clause 30 amends the heading to section 3 and sections 3(1), 3(2) and 3(3) of the Geelong (Kardinia Park) Land Act 1950 so that section 3 refers to licences as well as leases, and therefore enables the corporation of the city of Geelong, as committee of management of Kardinia Park, to grant licences over Kardinia Park land for the purposes of sport or recreation or social activities for a term of up to 3 years or, with the approval of the Governor in Council, up to 40 years. The Geelong (Kardinia Park) Land Act 1950 already authorises the committee of management to grant leases on these conditions. 6

 


 

 


[Index] [Search] [Download] [Bill] [Help]