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Melbourne Lands (Yarra River North Bank)
(Amendment) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 provides that the main purpose of the Bill is to amend the
Melbourne Lands (Yarra River North Bank) Act 1997 to
provide for additional land to be included in the Melbourne
Aquarium site and to make further provision for leasing powers.
Clause 2 provides for commencement of the Bill on the day after it
receives Royal Assent.
Clause 3 defines the Melbourne Lands (Yarra River North Bank) Act
1997 as the Principal Act for the purposes of the Bill.
Clause 4 inserts into section 3 of the Principal Act a definition of
"aquarium site land" to mean the land shown in new Schedule 1
inserted by clause 10 of this Bill. It also repeals the definition of
"reserved land", which is redundant as a consequence of the new
definition.
Clause 5 amends section 4(1) of the Principal Act by substituting
"aquarium site land" for "reserved land", being the land over
which a lease may be granted under that section.
Clause 6 inserts new section 4A which provides that a lease granted under
section 4 may be varied to include any part of the aquarium site
land, whether or not any of that land was included in the original
lease. The power to vary a lease cannot be exercised unless the
Minister has given written approval to the committee of
management and all parties to the lease agree to the variation.
This power is in addition to any other powers to vary a lease.
Clause 7 makes consequential amendments to section 5 of the Principal
Act arising from the new definition of "aquarium site land".
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Clause 8 extends to the whole of the aquarium site land the preservation of
rights under the Transport Act 1983 in so far as they apply to
the Flinders Street Viaduct Railway.
Clause 9 inserts a transitional provision which provides that on the
commencement of this Bill, the lease dated 13 November 1997
between Melbourne City Council and Melbourne Underwater
World Pty Ltd may be varied to include any part of the additional
land shown cross-hatched on the plan in new Schedule 1.
Nothing effected by the section is to be taken as placing any
person in default of a lease, nor is to be regarded as giving rise to
a right or remedy for any person.
Clause 10 substitutes a new Schedule 1 to the Principal Act containing a
plan of the aquarium site land.
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