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Land (Miscellaneous) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 This clause sets out the purposes of the Bill, which are to revoke
reservations and Crown grants over certain land and to amend the
Melbourne Cricket Ground Act 1933 in order to provide for
reservation of a stratum of land at the Melbourne Cricket Ground.
This latter purpose will also require consequential amendment to
the Melbourne Cricket Ground Trust Act 1989.
Clause 2 This clause provides for commencement of the Bill.
All provisions will come into operation on the day after the day
of Royal Assent.
Clause 3 This clause provides for revocation of reservations and Crown
grants over land formerly used for the site of the Kyneton
Hospital. Details of the land and the Orders in Council applying
to it are set out in items 1 and 2 of Schedule 1. The revocation
of reservations and Crown grant over the former Kyneton
Hospital site will facilitate future disposal of surplus land and the
re-reservation of a portion of the site at a later date.
Clause 4 Clause 4 revokes part of a reservation and Crown grant over land
at Sandhurst reserved for water supply purposes. Details of the
land and the Order in Council applying to it are set out in item 3
of Schedule 1, while a plan of the land showing the area to be
revoked is in Schedule 2 to the Bill. The revocation of the
reservation and Crown grant at the Sandhurst reservoir land will
enable the re-siting of a road to better protect public land values
while facilitating access to freehold land of an individual.
Clause 5 This clause revokes the reservation and the Crown grant over the
land described in items 4, 5 and 6 of Schedule 1 which is land at
Birrarrung Marr. Revoking the existing reservation over the
Birrarrung Marr land will enable its re-reservation as part of this
new park.
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551155 BILL LA CIRCULATION 2/4/2004
Clause 6 This clause re-reserves part of the land over which the
reservation was revoked by clause 5. The land referred to in
clause 5(2) is re-reserved, while the land referred to in
Victorian Legislation and Parliamentary Documents
clause 5(1) remains unreserved as unalienated Crown land.
Clause 7 Section 86(1)(b) of the Cemeteries Act 1958 reserved land for
the purposes of the Fawkner Crematorium and Memorial Park.
This clause revokes the reservation over a portion of the land,
which is described in item 7 of Schedule 1 and shown hatched in
the plan in Schedule 3. The revocation of the reservation over
the relevant part of the Fawkner Crematorium and Memorial Park
land will facilitate its future use as the site for a new police
facility.
Clause 8 This clause revokes the reservation over land at Queenscliff
described in item 8 of Schedule 1 and shown in the plan in
Schedule 4. The revocation of the reservation at Queenscliff will
enable the land to be exchanged for current freehold land with
higher public land values for future addition to the foreshore
reserve.
Clause 9 This clause provides that, subject to the re-reservation of part of
the Birrarrung Marr land, on the revocation of reservations in the
preceding clauses, the land becomes unalienated land of the
Crown. The appointment of any committee of management over
that land is revoked, as are any regulations under the Crown
Land (Reserves) Act 1978 as they apply to that land.
The trustees appointed under the Cemeteries Act 1958 over the
part of Fawkner Crematorium and Memorial Park land shown
hatched in Schedule 3 cease to be trustees of that land.
Clause 10 This clause requires the Registrar of Titles to make any necessary
changes to the Register under the Transfer of Land Act 1958
resulting from the operation of the Bill.
Clause 11 This clause substitutes a new definition of "Ground" in the
Melbourne Cricket Ground Act 1933. This is required as a
result of the inclusion of an additional stratum as provided in
clause 12.
Clause 12 This clause provides for the addition of a stratum of land to the
Melbourne Cricket Ground, the stratum being shown on Plan
CP116714, lodged in the Central Plan Office of the Department
of Sustainability and Environment. This is part of the Southern
stand area. On commencement of the Bill, the stratum will be
deemed to be permanently reserved as part of the site for the
Melbourne Cricket Ground and to be included in the land
permanently reserved for the site of the Ground and referred to in
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Crown grant Volume 5925, Folio 1184828. The clause also
requires the Registrar of Titles to make any entries in the Register
to give effect to the clause.
Victorian Legislation and Parliamentary Documents
Clause 13 This clause repeals section 10(5) of the Melbourne Cricket
Ground Trust Act 1989. This is because the actions
contemplated under that section, namely the making of Orders in
Council dealing with the stratum, will no longer be required as a
result of including the stratum in the Ground as a result of
clause 12.
Schedule 1 Schedule 1 describes the land dealt with under clauses 3 to 8 of
the Bill.
Schedule 2 Schedule 2 provides a plan of the land at Sandhurst dealt with in
clause 4 and described in item 3 of Schedule 1.
Schedule 3 Schedule 3 provides a plan of the Fawkner Crematorium and
Memorial Park land dealt with in clause 7 and described in item 7
of Schedule 1.
Schedule 4 Schedule 4 provides a plan of the land at Queenscliff dealt with
under clause 8 and described in item 8 of Schedule 1.
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