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Legislation Reform (Repeals No. 4) Bill
2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out that the main purpose of the Bill is to repeal spent or
redundant Acts relating to land.
Clause 2 provides for the commencement of the Bill, which is to be the
day after the day on which the Act receives the Royal Assent.
Clause 3 provides for the Acts listed in the Schedule to be repealed.
Clause 4 provides for the automatic repeal of this Act on the first
anniversary of the day on which it receives the Royal Assent.
Once the repeals made by this Act have taken effect, this Act will
be spent.
SCHEDULE
Repeal of Acts
The Acts set out in the Schedule are spent or redundant.
The Acts to be repealed fall into 2 categories--
1 Spent Principal Acts
The Bill repeals the following Principal Acts relating to land.
These Acts are no longer required because they have taken effect
and are spent or redundant. Section 14 of the Interpretation of
Legislation Act 1984 provides that the repeal of these Acts will
not affect the operation of, or anything done under, those Acts--
1.1 South and East Melbourne Lands Act 1906 (No. 2057)
Sections 2 and 3 of this Act partly revoked an Order in
Council reserving land at South Melbourne and authorised
the sale in fee simple of the land previously reserved to the
Melbourne and Metropolitan Board of Works (MMBW),
561210 1 BILL LA INTRODUCTION 10/3/2009
which was authorised to buy it. Section 4 revoked Orders
in Council reserving land in the City of Melbourne and
section 5 authorised the MMBW, in whom the land was
vested under the Melbourne and Metropolitan Board of
Works Act 1890, to sell the land to the Victorian Eye
and Ear Hospital, which was authorised to buy it.
The revocations have come into effect and are spent.
The land to be sold under section 3 was granted to the
MMBW in 1908 and is now freehold land and the land to
be sold under section 5 was transferred to the Victorian Eye
and Ear Hospital in 1907. The 1906 Act can be repealed.
1.2 Ballaarat Lands Act 1939 (No. 4716)
This Act revoked and partly revoked a number of Orders in
Council and Crown grants relating to reserved land at
Ballarat. This Act also repealed the Ballaarat Court
House Land Act 1902 and partly repealed the Ballaarat
Free Library (Borrowing) Act 1938 (now repealed) to the
extent that the 1938 Act related to certain land and any
mortgages relating to that land were revoked. The 1939
Act also redefined the boundaries of land used for a free
library and deemed the Ballaarat Free Library
(Borrowing) Act 1938 and any mortgage made under that
Act to relate to land within the new boundaries. Most of
the land previously reserved was deemed to be unalienated
Crown land. Section 6 empowered the Governor in
Council to reserve certain land for public offices.
The reservation has taken effect. The revocation, repeal
and deeming provisions have taken effect and are now
spent. All land dealt with under the 1939 Act has
subsequently been re-reserved for a number of purposes.
The Crown's right under section 12 not to have to pay
compensation to any person or body in respect of matters
arising under the 1939 Act will be saved by section 14 of
the Interpretation of Legislation Act 1984. The 1939 Act
can be repealed.
1.3 Bendigo (Rosalind Park) Lands Act 1951 (No. 5551)
Section 2 of this Act provided for the revocation of Orders
in Council and a Crown grant reserving land at Bendigo to
enable the realignment of the boundaries of Rosalind Park.
The Act also repealed the Sandhurst Public Buildings Act
1882 (now repealed) to the extent that it related to certain
land. The land previously reserved was then deemed to be
unalienated Crown land. Section 2(5) is a saving provision
in respect of that land. The relevant provisions have taken
effect and are now spent. Under section 3(1) the Governor
2
in Council was empowered to reserve land described in
Schedules 2 to 5 to that Act for various purposes. All this
land was subsequently so reserved. Section 3(1) is
redundant. Section 3(2) saved rights of foot-way and
carriage-way over the land described in Schedule 2 to be
reserved under section 3(1). These rights, the savings
provision under section 2(5) and the Crown's right under
section 5 not to have to pay compensation in respect of
matters arising under the 1951 Act will be saved by
section 14 of the Interpretation of Legislation Act 1984.
The 1951 Act can be repealed.
1.4 Port Melbourne Lagoon Lands Act 1957 Act (No. 6105)
Section 2 of this Act vested certain land at Port Melbourne
on which there was a pumping station in the Melbourne and
Metropolitan Board of Works. The vesting of the land has
taken effect. The 1957 Act can be repealed.
1.5 Kerang (Alexandra Park) Land Act 1962 (No. 6869)
Section 2 of this Act provided for the committee of
management of land at Kerang permanently reserved as a
site for a racecourse, public recreation and show yards to
have the power to lease part of that land for the purposes of
a drive-in theatre. There is no longer a drive-in theatre on
the land, there are no remaining leases granted under that
section and there is now power under section 17D of the
Crown Land (Reserves) Act 1978 for the trustees or the
committee of management to lease the land. Section 2 is no
longer required. The Crown's right under section 4 not to
have to pay compensation in respect of any matter under
the 1962 Act will be saved by section 14 of the
Interpretation of Legislation Act 1984. The 1962 Act
can be repealed.
1.6 Revocation and Excision of Crown Reservations Act
1972 (No. 8255/1972)
This Act partly revoked Orders in Council and a Crown
grant in respect of reserved land at Mordialloc, Orbost and
St Kilda and deemed the previously reserved land to be
unalienated Crown land. Section 5(1) required the
Melbourne and Metropolitan Board of Works to pay the
trustees of certain land $53 400. This money has been paid.
The Crown's right under section 6 not to have to pay
compensation in respect of matters arising under the 1972
Act will be saved by section 14 of the Interpretation of
Legislation Act 1984. The 1972 Act can be repealed.
3
1.7 Bittern Land Act 1974 (No. 8535)
Section 2 of this Act gave power to the Committee of
Management (the Corporation of the Shire of Hastings) of
certain land reserved for public recreation in the parish of
Bittern to grant a development lease over part of that land
for the purposes of a golf course. Such a lease could not be
granted to expire after 31 December 1996 so no further
leases can be granted under section 2. This section is
redundant. The Crown's right under section 2(4) not to
have to pay compensation in respect of matters arising
under that section will be saved by section 14 of the
Interpretation of Legislation Act 1984. The 1974 Act
can be repealed.
1.8 Revocation and Excision of Crown Reservations Act
1974 (No. 8601/1974)
This Act revoked and partly revoked or cancelled Orders in
Council, Crown grants and a certificate of title relating to
reserved land at South Melbourne, Ballarat, Buninyong and
at Heatherton in the parish of Mordialloc and the land
previously reserved was deemed to be unalienated Crown
land. These provisions have taken effect and are spent.
Under section 5, the trustee of land, part of which was no
longer reserved due to the 1974 Act, was to be paid $74 000
by the Country Roads Board. This provision has been
complied with. The Crown's right under section 6 not to
have to pay compensation in respect of matters arising
under the 1974 Act (except as provided under the 1974 Act)
will be saved by section 14 of the Interpretation of
Legislation Act 1984. The 1974 Act can be repealed.
1.9 Revocation and Excision of Crown Reservations Act
1976 (No. 8847)
This Act revoked an Order in Council reserving land near
Neerim and partly revoked other Orders in Council and a
Crown grant relating to reserved land at Daylesford,
in the parish of Wombat, at Mirboo North, at Bundoora in
the parish of Keelbundora and at Keilor so that the land
could be used for other purposes. The land previously
reserved was deemed to be unalienated Crown land.
These provisions have come into effect and are spent.
Under section 5 the Governor in Council could by notice in
the Government Gazette vest the land previously reserved
at Bundoora in the parish of Keelbundora and occupied by
a new pipeline constructed by the Melbourne and
Metropolitan Board of Works in that Board. The land has
4
been vested in the Board. The Crown's right under
section 6 not to have to pay compensation in respect of
matters arising under the 1976 Act will be saved by
section 14 of the Interpretation of Legislation Act 1984.
The 1976 Act can be repealed.
1.10 Revocation and Excision of Crown Reservations Act
1981 (No. 9530)
This Act revoked in part Orders in Council relating to
reserved land at Alexandra, San Remo and Cobden so that
the land could be used for other purposes. The excised land
was deemed to be unalienated Crown land. The relevant
provisions have come into effect and are spent.
The Crown's right under section 5 not to have to pay
compensation in respect of matters arising under the 1981
Act will be saved by section 14 of the Interpretation of
Legislation Act 1984. The 1981 Act can be repealed.
1.11 Geelong Lands Act 1981 (No. 9538)
Section 2 of this Act revoked Orders in Council and a
Crown grant reserving land at Geelong. Section 3 deemed
the land to be unalienated Crown land. These revocations
and deeming provisions have taken effect and are now
spent. Section 3 also provided that the land may be re-
reserved under the Crown Land (Reserves) Act 1978 as a
site for the Institute of Educational Administration and for
public recreation. The land was reserved for such purposes
in 1982. Section 3 is redundant. The Crown's right under
section 4 not to have to pay compensation in respect of
matters arising under the 1981 Act will be saved by
section 14 of the Interpretation of Legislation Act 1984.
The 1981 Act can be repealed.
1.12 French Island (Land Exchange) Act 1981 (No. 9587)
This Act authorised an exchange of Crown land for
freehold land on French Island to consolidate the State
park. Section 2 of this Act provided for an Order in
Council temporarily reserving land to be partly revoked.
Section 3 deemed certain land owned by various parties to
be unalienated Crown land after having been transferred
and surrendered to the Crown and the Treasurer paying a
sum to the parties. In exchange for the surrendered land the
parties specified in Schedule 3 were to be granted the land
previously reserved under section 2 in fee simple. The land
exchange has been completed. Sections 2 and 3 have come
into effect and are spent. The Crown's right under section 4
not to have to pay compensation will be saved by section 14
5
of the Interpretation of Legislation Act 1984. The 1981
Act can be repealed.
1.13 Crown Reservations (Revocation and Excision) Act
1981 (No. 9641)
Sections 3 and 4 of this Act wholly or partly revoked
Orders in Council and a Crown grant in so far as they
related to reserved land at Mandurang South in the parishes
of Mandurang and Murmangee and deemed the land to be
unalienated Crown land. These provisions have come into
effect and are spent. The previously reserved land has since
been declared to be a road. Under section 6 due to the
publication of a notice of completion of works certain land
at Kew in the parish of Boorondara ceased to be a public
road, was deemed to be unalienated Crown Land and
became part of other reserved land at Kew in the parish of
Boorondara. By a proclamation made under section 7 by
the Governor in Council certain reservations over land at
Kew in the parish of Boorondora were revoked and the land
deemed to be unalienated Crown land. These provisions
have taken effect and sections 6 and 7 are spent. Section 5,
which allowed entry onto reserved land at Kew in the
parish of Boorondara to carry out road work is no longer
needed and is redundant. The Crown's right under section 9
not to have to pay compensation in respect of matters
arising under the 1981 Act will be saved by section 14 of
the Interpretation of Legislation Act 1984. The 1981 Act
can be repealed.
1.14 Revocation and Excision of Crown Reservations Act
1982 (No. 9855)
This Act revoked wholly or in part Orders in Council
relating to reserved land at Box Hill, Ballarat in the parishes
of Coliban and Narrea Worran and at Melton and Eltham.
The land previously reserved was deemed to be unalienated
Crown land. The relevant provisions have come into effect
and are spent. The Crown's right under section 4 not to
have to pay compensation in respect of matters arising
under the 1982 Act will be saved by section 14 of the
Interpretation of Legislation Act 1984. The 1982 Act
can be repealed.
6
1.15 Revocation and Excision of Crown Reservations Act
1983 (No. 9922)
Section 2(1) of this Act partly revoked Orders in Council
relating to reserved land in the parishes of Colquhoun,
Eildon, Keelbundora, Tarneit, Deutgam and in the City of
Melbourne. Section 2(2) repealed section 86(1) of the
Cemeteries Act 1958 (now repealed) and any other Act
in so far as they applied to certain land in the parish of
Will-will-rook. Section 2(3) repealed section 8(1) and
Schedule 2 to the Emerald Tourist Railway Act 1977
and any other Act in so far as they applied to certain land
in the parish of Gembrook. Land previously reserved was
deemed to be unalienated Crown land under section 3.
The Crown's right under section 4 not to have to pay
compensation in respect of matters arising under the 1983
Act (except under an agreement under section 20A of the
Country Roads Act 1958) will be saved by section 14 of
the Interpretation of Legislation Act 1984. The 1983 Act
can be repealed.
1.16 Land (Miscellaneous Matters) Act 1984 (No. 10139)
Sections 3 and 4 of this Act provided for the revocation in
part of Orders in Council permanently reserving certain
land in the parish of Prahran and at Whittlesea and for the
land no longer subject to reservation to be deemed to be
unalienated Crown land. Section 5(1) closed parts of
certain roads at Geelong and deemed the land to be
unalienated Crown land. The land concerned is now
freehold land. These provisions have taken effect and are
now spent. Section 6, which amended the Melbourne
General Market Lands Act 1917 (now repealed), has
taken effect and is spent. The Crown's right under section 7
not to have to pay compensation (except under an
agreement under section 45 of the Transport Act 1983) in
respect of matters arising under the 1984 Act will be saved
by section 14 of the Interpretation of Legislation Act
1984. The 1984 Act can be repealed.
1.17 South Melbourne Land Act 1985 (No. 10180)
Section 3(1) of this Act closed part of Bright Street in
South Melbourne and all related rights, easements and
privileges concerning the road ceased. The land was then
deemed to be unalienated Crown land. This provision has
come into effect and is spent. The Crown's right under
section 4 not to have to pay compensation in respect of
matters arising under the 1985 Act will be saved by
7
section 14 of the Interpretation of Legislation Act 1984.
The 1985 Act can be repealed.
1.18 Land (Miscellaneous Matters) Act 1985 (No. 10224)
This Act closed part of Moorabool Street in Geelong and
associated rights, easements and privileges ceased.
The proclamation proclaiming the road was also revoked.
Section 4 of the 1985 Act authorised the Lord Mayor,
Councillors and Citizens of Melbourne to surrender certain
land used as a cattle market and for slaughtering to the
Crown. This has been done. On surrender of the land, the
land was deemed to unalienated Crown land and the market
was extinguished. These provisions have come into effect
and are spent. Section 4(3)(b) extinguished the right in any
person to enter the previous market land to buy or sell
animals. This provision has taken effect. Section 5(1)
repealed Act 21 Victoria No. 11 and stated that certain
Crown grants referred to in that Act were still valid.
The Newmarket Sheep Sales Act 1974 was also repealed
and the Local Government Act 1958 and the Local
Government Act 1890 were amended. The 1985 Act
also partly revoked Orders in Council and a Crown grant
relating to reserved land and section 86(1)(b) of the
Cemeteries Act 1958 (since repealed) in so far as it related
to certain land and any other Order in Council or
Proclamation in so far as it may affect that land.
The previously reserved land was then deemed to be
unalienated Crown land. These provisions all have come
into effect and are spent. The Crown's right under section 8
not to have to pay compensation in respect of matters
arising under the 1985 Act and the validating provision in
section 5(1) will be saved under section 14 of the
Interpretation of Legislation Act 1984. The 1985 Act
can be repealed.
1.19 Land (Miscellaneous Matters) Act 1986 (No. 36/1986)
This Act revoked or partly revoked Orders in Council
permanently reserving certain land at Bachus Marsh, in the
parishes of Barrabool, Gembrook and Dandenong and at
Torquay and deemed the land previously reserved to be
unalienated Crown land. These revocation and deeming
provisions have taken effect and are now spent. The 1986
Act also made amendments to the Land Act 1958 and the
Local Government Act 1958. The 1986 Act also amended
the Emerald Tourist Railway Act 1977 in so far as it
applied to certain land in the parish of Gembrook.
The amendments have taken effect and are spent.
8
The Crown's right under section 7(1) not to have to pay
compensation in respect of matters arising under the 1986
Act will be saved by section 14 of the Interpretation of
Legislation Act 1984. This right does not apply to an
agreement for compensation in respect of the revocation of
certain land described under section 7(2). The 1986 Act
can be repealed.
1.20 Land (Miscellaneous Matters) Act 1987 (No. 30/1987)
This Act revoked and partly revoked Orders in Council
permanently reserving certain land in the parishes of
Cranbourne and Coleraine and deemed the land previously
reserved to be unalienated Crown land. The 1987 Act also
repealed the Port Fairy Land Act 1981. The revocation,
deeming and repeal provisions have taken effect and are
spent. The Crown's right under section 6 not to have to pay
compensation in respect of matters arising under the 1987
Act will be saved by section 14 of the Interpretation of
Legislation Act 1984. The 1987 Act can be repealed.
1.21 Land (Amendment and Miscellaneous Matters) Act
1987 (No. 75/1987)
This Act made amendments to the Land Act 1958, which
have come into effect. Sections 5 and 6 partly revoked an
Order in Council and Crown grant reserving land at South
Melbourne and deemed the land subject to the revocation to
be unalienated Crown land. The revocations and deeming
provisions have taken effect and are spent. Section 8
revoked an Order in Council permanently reserving land at
Benalla and provided that the vesting of that land in the
State Transport Authority and leases granted by that
Authority would not be affected by the revocation.
The saving provision in section 8 and the Crown's right
under sections 7 and 9 not to have to pay compensation in
respect of matters arising under the 1987 Act will be saved
by section 14 of the Interpretation of Legislation Act
1984. The 1987 Act can be repealed.
1.22 Warrnambool Land Act 1989 (No. 3/1989)
This Act partly revoked an Order in Council reserving land
at Warrnambool and deemed the previously reserved land
to be unalienated Crown Land. The revocation and
deeming provisions have come into effect and are spent.
The Crown's right under section 5 not to have to pay
compensation in respect of matters arising under the 1989
Act will be saved by section 14 of the Interpretation of
Legislation Act 1984. The 1989 Act can be repealed.
9
1.23 Frankston Lands Act 1989 (No. 32/1989)
This Act partly revoked an Order in Council reserving land
for a public park at Frankston, deemed it to be unalienated
Crown land and re-reserved the land for public recreation
allowing it to be able to be leased to the Frankston Football
Club. The Act deemed to be appointed under the Crown
Land (Reserves) Act 1978 the Corporation of the City of
Frankston as committee of management over the
re-reserved land. These provisions have taken effect and
are spent or redundant. Section 6 provided that no
compensation was payable by the Crown in respect of
things arising under the 1989 Act. Section 7 ensured that
regulations under the Crown Land (Reserves) Act 1978
applying to all the land originally reserved continued to
apply to the re-reserved land. The effect of section 7 and
the right under section 6 will be saved by section 14 of the
Interpretation of Legislation Act 1984. The 1989 Act can
be repealed.
1.24 Land (Miscellaneous Matters) Act 1989 (No. 34/1989)
This Act revoked or partly revoked Orders in Council and
Crown grants relating to certain reserved lands at Ballarat,
Pomonal, Queen Victoria Hospital land, Malvern, Kaniva
and Heidelberg. These revocations have come into effect
and are spent. Section 15 provided for the Governor in
Council, on the Minister's recommendation, to make an
Order that would result in the changing of the boundaries of
the Yarra Bend Park. This Order was made. Section 19
provided for trustees to be deemed to be appointed under
the Kew and Heidelberg Lands Act 1933 as trustees of
the additional land at Yarra Bend Park and for their
appointment to be revoked in relation to the land excised
from that Park. Section 18 removed certain rights of the
Melbourne Metropolitan Board of Works under certain
Acts in relation to land excised from the Yarra Bend Park
but certain rights of carriageway were saved under
section 18(2). These rights will continue to be saved by
section 14 of the Interpretation of Legislation Act 1984
(the ILA). The 1989 Act also made amendments to the
Kew and Heidelberg Lands Act 1933, the Kew and
Heidelberg Lands Act 1958 and the Melbourne Lands
Act 1987 and repealed the Moolap Salt Works Act 1896
and the Wangaratta Lands Act 1933. All these provisions
have taken effect and are spent. The Crown's right under
section 20 not to have to pay compensation in respect of
things arising out of the 1989 Act (except under
10
section 45(3) of the Transport Act 1983 in respect of
certain land) will be saved by section 14 of the ILA.
The 1989 Act can be repealed.
1.25 Yackandandah Land Act 1990 (No. 9/1990)
The purpose of this Act was to revoke permanently
reserved land at Yackandandah so that the land could be
exchanged for other land surrendered to the Crown.
Section 3 partly revoked the Order in Council reserving
land. The land previously reserved was then deemed under
section 4 to be unalienated Crown land and under section 5
the committee of management under the Crown Land
(Reserves) Act 1978 was revoked in relation to that land.
These provisions have come into effect and are spent.
The land is now freehold land. The Crown's right under
section 6 not to have to pay compensation in respect of
matters arising under the 1990 Act will be saved by
section 14 of the Interpretation of Legislation Act 1984.
Section 7 applied the Subdivision Act 1988 to certain land
surrendered to the Crown under section 12A of the Land
Act 1958. The Minister administering section 12A was
given the power to execute documents or do anything under
the Subdivision Act 1988 in relation to a plan of
subdivision including the surrendered land. Section 7 is no
longer required as all the surrendered land has been
subdivided. The 1990 Act can be repealed.
1.26 Land (IOOF) Act 1990 (No. 47/1990)
This Act repealed the Oddfellows Hall (Melbourne) Land
Act 1930 and revoked an Order in Council and a Crown
grant relating to land in the City of Melbourne reserved
for use by the Society known as the Independent Order
of Oddfellows of Victoria. The land previously reserved
was deemed to be unalienated Crown land and the trustees
of the land were discharged from their liabilities.
These provisions have taken effect and are spent.
The Crown's right under section 6 not to have to pay
compensation in respect of matters arising under the 1990
Act will be saved by section 14 of the Interpretation of
Legislation Act 1984. The 1990 Act can be repealed.
1.27 Land (Reservations Removal) Act 1991 (No. 37/1991)
This Act revoked a number of Orders in Council reserving
land at Spencer Street to the extent that they were not
already revoked and also discharged certain land at Spencer
Street from any reservation for railway purposes.
These provisions have taken effect and are spent. Section 4
11
validated certain dealings with certain land and deemed the
land to never have been subject to reservation for railway
purposes. The effect of section 4 and the Crown's right
under section 5 not to have to pay compensation in respect
of matters arising under the 1991 Act will be saved by
section 14 of the Interpretation of Legislation Act 1984.
The 1991 Act can be repealed.
1.28 Portarlington Land Act 1991 Act (No. 71/1991)
Section 3 of this Act partly revoked an Order in Council
reserving the foreshore of Port Arlington. Section 4
deemed the previously reserved land to be unalienated
Crown land, revoked the appointment of any committee of
management relating to that land and revoked any
regulations under the Crown Land (Reserves) Act 1978
applying to that land. These provisions have taken effect
and are spent. The Crown's right under section 5 not to
have to pay compensation in respect of matters arising
under the 1991 Act will be saved by section 14 of the
Interpretation of Legislation Act 1984. Section 5 may be
repealed. Section 6, which provides that section 85 of the
Constitution Act 1975 is altered or varied due to section 5,
is no longer required. The 1991 Act can be repealed.
1.29 Land (Miscellaneous) Act 1991 (No. 77/1991)
This Act revoked a number of Orders in Council relating to
reserved land at Dingee, Glenrowan, Charam and
Trentham. An Order in Council relating to reserved land at
Janefield was partly revoked and the land re-reserved.
These provisions have come into effect and are spent.
Orders in Council and a Crown grant relating to reserved
land at the Caulfield racecourse were partly revoked.
The land no longer reserved ceased to be a racecourse and
was taken to be a road. Part of a road at the racecourse
ceased to be a road and was deemed to be permanently
reserved for racing, recreation and public park purposes.
These provisions have taken effect and are spent as is
section 9 which deemed the land no longer reserved to be
unalienated Crown land and revoked the appointment of
any relevant committee of management and any regulations
under the Crown Land (Reserves) Act 1978 applying to
that land. The Crown's right under section 10 not to have to
pay compensation in respect of matters arising under the
1991 Act will be saved by section 14 of the Interpretation
of Legislation Act 1984. Section 11, which alters or varies
section 85 of the Constitution Act 1975 due to section 10,
is no longer required. The 1991 Act can be repealed.
12
1.30 Sunshine Land Act 1992 (No. 77/1992)
This Act revoked or partly revoked Orders in Council
permanently reserving land at Sunshine. The land
previously reserved was deemed to be unalienated Crown
land, management of the land reverted to the Crown, any
appointment of a committee of management for the land
was revoked and any applicable regulations under the
Crown Land (Reserves) Act 1978 were revoked.
The relevant provisions have come into effect and are
spent. The Crown's right under section 5 not to have to pay
compensation in respect of matters arising under the 1992
Act (except under an agreement under section 45 of the
Transport Act 1983) will be saved by section 14 of the
Interpretation of Legislation Act 1984. Section 6 which
alters or varies section 85 of the Constitution Act 1975
due to section 5 is no longer required. The 1992 Act can be
repealed.
1.31 Land (Miscellaneous Matters) Act 1993 (No. 27/1993)
This Act contains a number of provisions which revoked or
partly revoked Orders in Council and Crown grants relating
to reserved land at South Melbourne, Drysdale, Mildura
and in the parishes of Gunbower, Pompapiel, Rich Avon
and Myamyn. Section 17 deemed the previously reserved
land to be unalienated Crown land and divested
management of the land from the relevant controlling
persons or bodies, revoked the appointment of any relevant
committee of management and any regulations under the
Crown Land (Reserves) Act 1978 that applied to the land.
These provisions have all come into effect and are spent.
Section 4 enabled the registered proprietor of certain land
at South Melbourne to surrender it to the Crown.
This surrender has occurred. Section 4(2) saves any lease
over the land. Sections 12 and 15 amended the Land Act
1958 and are spent. Section 13 enabled the Attorney-
General to authorise the surrender of certain land to the
Crown and extinguished an easement and mortgage relating
to the land on the surrender of the land. The land has been
surrendered. Section 14 authorised the surrender of land at
Oxley to the Crown. This surrender did not occur as the
transfer of the land to the Crown took effect before the
section commenced. This section is no longer required.
The savings provision under section 4(2) and the Crown's
right under section 19 not to have to pay compensation in
respect of matters arising under the 1993 Act will be saved
by section 14 of the Interpretation of Legislation Act
13
1984. Section 20, which alters or varies section 85 due to
section 19 of the Constitution Act 1975, is no longer
required. The 1993 Act can be repealed.
1.32 Land (Further Miscellaneous Matters) Act 1994
(No. 6/1994)
Section 3 of this Act removed a trust for cemetery purposes
over Yarram Memorial Gardens and deemed the land to be
unalienated Crown land. Sections 4 and 5 revoked Orders
in Council reserving land at Ballarat and in the parish of
Wurdi Youang. Sections 6 and 7 revoked Orders in
Council reserving land at Romsey Park and deemed the
land to be re-reserved under the Crown Land (Reserves)
Act 1978 (CL(R)A) and deemed the committee of
management under the original reservations to be appointed
under the CL(R)A in respect of the re-reserved land.
Section 8 revoked an Order in Council reserving land at
Anglesea. All these revocation and deeming provisions
have come into effect and are spent. Section 9 saved the
operation of the Mines (Aluminium Agreement) Act 1961
and agreements and rights and obligations under that Act.
Sections 10 and 11, which made amendments to the Land
Act 1958 and the Melbourne Lands Act 1987 (MLA),
have taken effect and are spent. Section 12 validates
certain actions relating to the inclusion of land under the
MLA. Section 13 enabled the Governor in Council to
revoke Orders in Council reserving land at Cathedral Place.
This was done and the land was sold. Section 14 enabled
leases for extraction of shell grit to be issued over land at
Lake Victoria. There are no existing leases and this power
is no longer required. This section is redundant and may be
repealed. Section 15 divested the Thomson River Railway
Bridge and associated land from the Shire of Narracan and
deemed it be unalienated Crown land and certain rights and
privileges conferred and obligations imposed on the Shire
ceased. Section 16 repealed the Railways (Thomson
River Bridge) Act 1962. Section 17 deemed (subject to
Part 5) all land previously reserved under Orders in Council
revoked under the 1994 Act to be unalienated Crown land
and revoked the appointment of any relevant committee of
management over the land and any regulations under the
CL(R)A applying to the land. Sections 15, 16 and 17 have
come into effect and are spent. The savings provision
under section 9, the validation provision under section 12
and the Crown's right under section 19 not to have to pay
compensation in respect of matters arising under the 1994
Act will be saved by section 14 of the Interpretation of
14
Legislation Act 1984. Section 20, which alters or varies
section 85 of the Constitution Act 1975 due to section 19,
is no longer required. The 1994 Act can be repealed.
1.33 Land (Revocation of Reservations) Act 1995
(No. 13/1995)
This Act revoked or partly revoked a number of Orders in
Council and Crown grants in respect of reserved land at
Maryborough, Ballarat and Bendigo and deemed the
previously reserved land to be unalienated Crown land,
revoked the appointment of any relevant committee of
management over the land and any regulations under the
Crown Land (Reserves) Act 1978 applying to the land.
These provisions have taken effect and are spent.
The Crown's right under section 8 not to have to pay
compensation in respect of matters arising under the 1995
Act will be saved by section 14 of the Interpretation of
Legislation Act 1984. Section 9, which alters or varies
section 85 of the Constitution Act 1975 due to section 8,
is no longer required. The 1995 Act can be repealed.
1.34 Land (Miscellaneous) Act 1995 (No. 47/1995)
This Act revoked or partly revoked a number of Orders in
Council and a Crown grant in respect of reserved land at
Geelong, Langwarrin and Wendouree, deemed the
previously reserved land to be unalienated Crown land, and
revoked the appointment of any relevant committee of
management over the land and any regulations under the
Crown Land (Reserves) Act 1978 applying to the land.
It also divested control of certain land previously reserved
for Harding Park from the Greater Geelong City Council.
These provisions have taken effect and are spent.
The Crown's right under section 8 not to have to pay
compensation in respect of matters arising under the 1995
Act will be saved by section 14 of the Interpretation of
Legislation Act 1984. Section 9, which alters or varies
section 85 of the Constitution Act 1975 due to section 8,
is no longer required. The 1995 Act can be repealed.
1.35 Land Revocations (And Other Matters) Act 1995
(No. 94/1995)
This Act revoked and partly revoked a number of Orders in
Council, Crown grants and reservations under various Acts
in respect of reserved land at Launching Place, Myrniong,
Beaufort, Maryborough, Colac, Fairfield, Warrenheip,
Jan Juc and Toolangi, deemed the previously reserved land
to be unalienated Crown land and revoked the appointment
15
of any relevant committee of management over the land and
any regulations under the Crown Land (Reserves) Act
1978 applying to the land. Certain previously reserved
land at Fairfield was permanently re-reserved for certain
purposes and the Secretary to the Department of Health
and Community Services was deemed to be the committee
of management for that land under the Crown Land
(Reserves) Act 1978. Part 3 of the 1995 Act amended
the Kew and Heidelberg Lands Act 1933 and Part 4
amended the Ballarat (Sovereign Hill) Land Act 1970 and
repealed the Ballarat (Sovereign Hill) Land Act 1973.
These provisions have come into effect and are spent and
may be repealed. The 1995 Act can be repealed.
1.36 Land (Revocation of Reservations) Act 1996
(No. 49/1996)
This Act revoked or partly revoked a number of Orders in
Council and Crown grants in respect of reserved land at
Maffra, Marong, Creswick, Epping, Ballarat, Mount
Martha, Koroit, South Melbourne, Stawell, Seaford,
Jindivick and Faraday. The 1996 Act deemed the
previously reserved land to be unalienated Crown land and
revoked the appointment of any relevant committee of
management over the land and any regulations under the
Crown Land (Reserves) Act 1978 applying to the land.
The 1996 Act can be repealed.
1.37 Land (Further Revocation of Reservations) Act 1996
(No. 69/1996)
This Act revoked and partly revoked a number of Orders in
Council and Crown grants in respect of reserved land at
Carisbrook, Bullarto South and Burnley, deemed the
previously reserved land to be unalienated Crown land,
revoked the appointment of any relevant committee of
management over the land and any regulations under the
Crown Land (Reserves) Act 1978 applying to the land.
The 1996 Act can be repealed.
1.38 Land (Revocation of Miscellaneous Reservations) Act
1997 (No. 21/1997)
This Act contains provisions that revoked or partly revoked
certain Orders in Council and a Crown grant relating to
reserved land at Bairnsdale and Skenes Creek and partly
revoked a reservation of land at Phillip Island deemed to be
reserved under the Crown Land (Reserves) Act 1978.
Section 6 deemed the previously reserved land to be
unalienated Crown land and revoked any relevant
16
committees of management and regulations relating to the
land. These provisions have taken effect and are spent.
The 1997 Act can be repealed.
1.39 Land (Revocation of Reservations) Act 1998
(No. 61/1998)
This Act contains provisions that revoked and partly
revoked certain Orders in Council relating to reserved land
at Bairnsdale, Korkuperrimul and Nunawading. Section 6
deemed the previously reserved land to be unalienated
Crown land and revoked any relevant committee of
management and regulations under the Crown Land
(Reserves) Act 1978 relating to the land. These provisions
have taken effect and are spent. The 1998 Act can be
repealed.
1.40 Land (Further Revocation of Reservations) Act 1998
(No. 68/1998)
This Act revoked or partly revoked a number of Orders in
Council, Crown grants and reservations imposed by certain
Acts in respect of reserved land at Kangaroo Flat, Carlton,
Allendale, South Yarra, Fairfield and Bendigo and deemed
the previously reserved land to be unalienated Crown land.
The 1998 Act also revoked the appointment of any relevant
committee of management over the land and any
regulations under the Crown Land (Reserves) Act 1978
applying to the land. The 1998 Act also repealed the
Bendigo (Dai Gum San Village) Land Act 1975.
These provisions have taken effect and are spent. The 1998
Act can be repealed.
1.41 Land (Revocation of Reservations) Act 2000
(No. 40/2000)
This Act revoked or partly revoked Orders in Council, a
Crown grant and other reservations relating to reserved
land at Boort, Stawell, Lorne, Albert Park and other land.
The land previously reserved was deemed to be unalienated
Crown land and any committee of management and
regulations under the Crown Land (Reserves) Act 1978
relating to that land were revoked. The Australian
Grands Prix Act 1994 was also amended.
These provisions have come into effect and are spent.
Section 8(2) provided that the revocation of the Crown
grant referred to in that section did not affect the
reservation of certain land. The effect of this provision will
be saved by section 14 of the Interpretation of
Legislation Act 1984. The 2000 Act can be repealed.
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1.42 Land (Further Revocation of Reservations) Act 2001
(No. 3/2001)
This Act revoked or partly revoked Orders in Council
relating to reserved land at Barwon Heads and South
Melbourne and revoked an Order in Council and Crown
grant relating to reserved land at Ballarat. Land previously
reserved under an Order in Council was deemed to be
unalienated Crown land and any committee of management
and regulations under the Crown Land (Reserves) Act
1978 relating to that land were revoked. These provisions
have come into effect and are spent. The 2001 Act can be
repealed.
1.43 Land (Miscellaneous) Act 2004 (No. 21/2004)
This Act revoked or partly revoked Orders in Council and
Crown grants relating to reserved land at Kyneton,
Sandhurst, Birrarung Marr and Queenscliff.
The reservation of certain land at Fawkner under the
Cemeteries Act 1958 (now repealed) was also revoked.
Land previously reserved was deemed to be unalienated
Crown land and any committee of management and
regulations under the Crown Land (Reserves) Act 1978
relating to that land were revoked. The land previously
reserved at Birrarung Marr was deemed to be temporarily
reserved under the Crown Land (Reserves) Act 1978 for
public purposes. These provisions have come into effect
and are spent or redundant. Part 3 of this 2004 Act
amended the Melbourne Cricket Ground Act 1933 and
the Melbourne Cricket Ground Trust Act 1989 to add a
stratum of land to the Southern Stand at the Melbourne
Cricket Ground (Part 3 has already been repealed).
The 2004 Act can be repealed.
1.44 Land (Revocation of Reservations) Act 2005
(No. 13/2005)
This Act revoked or partly revoked Orders in Council and
a Crown grant relating to reserved land at Richmond Park
and Sandhurst. Land previously reserved was deemed to
be unalienated Crown land and any committee of
management and regulations under the Crown Land
(Reserves) Act 1978 relating to that land were revoked.
The land previously reserved at Sandhurst was deemed
to be temporarily reserved under the Crown Land
(Reserves) Act 1978 for public purposes (nature
conservation). These provisions have come into effect
and are spent or redundant. The 2005 Act can be repealed.
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1.45 Land (Further Miscellaneous) Act 2006 (No. 46/2006)
This Act partly revoked Orders in Council and Crown
grants relating to reserved land at Belmont, Moreland
South and Bendigo. Land previously reserved was deemed
to be unalienated Crown land and any committee of
management and regulations under the Crown Land
(Reserves) Act 1978 relating to that land were revoked.
These provisions have come into effect and are spent.
The 2006 Act can be repealed.
2 Spent Amending Acts with transitional or substantive provisions
The Bill repeals the following amending Acts relating to land that
contain transitional, saving or validation provisions or
substantive provisions. The amendments or repeals made by the
Acts are wholly in operation and have amended or repealed the
provisions of Acts they were enacted to amend or repeal. Any
transitional and saving provisions are no longer required because
of the passage of time and subsequent enactments since the Acts
were enacted. The substantive provisions are no longer required
because they have taken effect and are spent or redundant.
Any residual or continuing effect of any transitional and saving
provisions and the effect of any validation provisions will be
saved by section 14 of the Interpretation of Legislation Act
1984--
2.1 National Parks (Amendment) Act 1981 (No. 9570)
This amending Act made various amendments to the
National Parks Act 1975 (the NPA) including altering the
land contained in various national parks and other parks and
also creating the Otway National Park and other national
parks and parks. The 1981 Act also amended the Mt
Hotham Alpine Resort Act 1972 which has since been
repealed. Section 3(9) deemed land, which before the
amendments formed part of certain national parks and other
parks, to be unalienated Crown land. Section 3(10) deemed
land forming part of a national park before the amendments
to be reserved forest after the amendments. Section 3(11)
provided that if certain land was not surrendered to the
Crown by 1 October 1981, that it would be deemed to be
excluded from the land described as the Bogong National
Park at that time and that any tenancy granted by the
Minister of that land under section 32AB of the NPA would
have no effect until the title was surrendered. The land has
been transferred to the Crown and now forms part of the
Alpine National Park. Sections 3(12) and 3(13) provided
that certain roads in parks ceased to be roads and that
19
associated rights, easements and privileges concerning
those roads ceased and that certain land in parks ceased to
be reserved forest. All these provisions have taken effect
and are spent. The 1981 Act can be repealed.
2.2 National Parks (Amendment) Act 1984 (No. 10073)
This Act made various amendments to the National Parks
Act 1975 including the alteration to land contained in
various national parks and other parks and also the creation
of the Grampians National Park and other parks. The 1984
Act also amended the Mt Hotham Alpine Resort Act 1972
(since repealed). These provisions have all taken effect
(except section 4(9)) and may be repealed. Section 4(9) has
since been repealed. Sections 4(10), 4(11), 4(12) and 4(13)
deemed land previously included in parks before the
amendments to be unalienated Crown land or to be reserved
forest and that certain roads ceased to be roads and
associated rights also ceased and that certain parts of parks
ceased to be reserved forest. These provisions have taken
effect and are spent. Section 14(1), which validates the
surrender and transfer of certain land by the Melbourne and
Metropolitan Board of Works (MMBW) to the Crown, will
be saved by section 14 of the Interpretation of Legislation
Act. Section 14(2) of the 1984 Act authorised the surrender
and transfer of any of the land still held by the MMBW to
the Crown. The land has been transferred to the Crown and
this provision is spent. The 1984 Act can be repealed.
2.3 National Parks (Amendment) Act 1987 (No. 7/1987)
This Act amended the National Parks Act 1975 to
establish new parks and to enlarge and vary the boundaries
of existing parks. Sections 4(10), 4(11), 4(12) and 4(14)
provided that certain roads in parks ceased to be roads and
associated rights ceased, that certain land in parks ceased to
be reserved forest and that certain land previously forming
part of a particular park before the amendments was
deemed to be unalienated Crown land. All these provisions
have come into effect and are spent. Section 4(13)
provided that, if certain described land was not surrendered
to the Crown before the commencement of section 4(3), the
land would be deemed excluded from the land described as
the Warby Range State Park until the surrender. This land
has been surrendered. The 1987 Act can be repealed.
20
2.4 National Parks and Wildlife (Amendment) Act 1988
(No. 7/1988)
This Act amended the National Parks Act 1975 (the NPA)
to change the boundaries of certain parks, to abolish a park
and establish new parks including the Point Nepean
National Park. Sections 4(11), 4(12) and 4(14) provided
that as a result of those amendments certain roads and
associated rights, privileges and easements ceased, certain
land ceased to be reserved forest and certain land was
deemed to be unalienated Crown land. All these provisions
have come into effect and are spent. Section 4(13)
provided that if certain described land was not surrendered
to the Crown by a certain time, the land was deemed to be
excluded from the Point Nepean National Park until
surrendered. This land has been surrendered to the Crown
and now forms part of that park. Section 7(1) amended
section 43 of the NPA in relation to prohibiting carrying on
in a park a trade or business authorised under another Act
or law. This amendment has taken effect and is spent.
Section 7(2) preserved the rights of persons (with
exceptions) to carry out such trades or businesses that were
authorised before a certain time. The continuing effect of
this provision will be saved by section 14 of the
Interpretation of Legislation Act 1984. Section 7 may
be repealed. Part 3 of the 1988 Act also amended the
Wildlife Act 1975 to provide greater protection for wildlife
and to make other miscellaneous amendments to that Act.
These provisions have taken effect and are spent. The 1988
Act can be repealed.
2.5 Land (Miscellaneous Matters) and National Tennis
Centre (Amendment) Act 1994 (No. 90/1994)
This Act amended the National Tennis Centre Act 1985,
the Land (Revocation of Reservations) Act 1994 and the
Land (Further Miscellaneous Matters) Act 1994.
This Act also repealed the Mordialloc Public Hall and
Court House Act 1965 and the Buninyong (Recreation
Reserve) Land Act 1971. The 1994 Act also revoked or
partly revoked Orders in Council and Crown grants relating
to reserved land in the parishes of Keelbundora and
Nillumbik and at Coburg, Hawthorn, Nagambie,
Beaumaris, Buninyong and Lorne and discharged certain
land in the parishes of Keelbundora and Nillumbik and
Mordialloc from reservations. The land previously
reserved was deemed to be unalienated Crown Land and the
appointment of any committee of management and any
21
regulations under the Crown Land (Reserves) Act 1978
applying to those lands were revoked. All these provisions
have taken effect and are spent. The Crown's right under
section 21 not to have to pay compensation in respect of
matters under the 1994 Act will be saved by section 14 of
the Interpretation of Legislation Act 1984. Section 22,
which was inserted because of section 21, alters or varies
section 85 of the Constitution Act 1975 and is no longer
required. The 1994 Act can be repealed.
22