Victorian Numbered Acts Victorian Numbered ActsFor Part 7 of the Docklands Act 1991 substitute —
In this Division—
"appointed day" means the date of commencement of section 4 of the City of Melbourne and Docklands Acts (Governance) Act 2006 ;
"Crown Land Minister" means the Minister for the time being administering the Crown Land (Reserves) Act 1978 ;
"Local Government Minister" means the Minister for the time being administering the City of Melbourne Act 2001 .
(1) On the appointed day—
(a) all public sewers and drains in the docklands area; and
(b) all sewers and drains in and under roads in the docklands area; and
(c) all works and materials relating to the sewers and drains referred to in paragraphs (a) and (b)—
vested in the Authority under this Act are divested from the Authority and are deemed to be vested in the Melbourne City Council under section 198 of the Local Government Act 1989 and are under the management and control of the Melbourne City Council.
(2) This section does not apply to any sewers and drains vested in a Minister, the Crown or any public body other than the Authority.
(1) Subject to sections 36 and 37 of the Road Management Act 2004 , on the appointed day all public highways in the docklands area vested in fee simple in the Authority are divested from the Authority and are vested in fee simple in the Melbourne City Council.
(2) Sub-section (1) does not apply to any public highway specified by the Minister (after consulting with the Local Government Minister) by Order published in the Government Gazette before the appointed day.
(3) On the appointed day, the Authority is deemed (subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004 ) to be the relevant road authority for the purposes of the Road Management Act 2004 in respect of any public highway in the docklands area that does not vest in the Melbourne City Council under this section.
(4) In this section "public highway" has the same meaning as it has in the Local Government Act 1989 .
Any person who immediately before the appointed day was an authorised officer under section 35H (as in force before its repeal) is deemed to be appointed by the Melbourne City Council under section 224 of the Local Government Act 1989 as an authorised officer.
On and after the appointed day all rates and charges declared by the Authority under Part 3A (before its repeal) and not paid before the appointed day are payable to the Melbourne City Council.
(1) The Governor in Council, on the joint recommendation of the Minister and the Local Government Minister, may by Order provide for any matter necessary or convenient to give effect to the return of the docklands area to the municipal district of the City of Melbourne.
(2) Without limiting the generality of sub-section (1), an Order may provide for—
(a) the Melbourne City Council to be the successor in law to the Authority in relation to any matter;
(b) any property, income, assets, rights, liabilities, expenses or other matters to be apportioned, settled, transferred, adjusted or determined, including transfers to the Crown;
(c) the application, continuation, review, amendment or revocation of existing local laws;
(d) despite anything to the contrary in any other Act, the substitution of the Melbourne City Council as a party to any contract or agreement entered into by the Authority in relation to land reserved, or to be reserved, under Division 2 of which the Melbourne City Council is, or is to be, the committee of management;
(e) the payment of money out of the Docklands Fund to the Melbourne City Council or the Crown;
(f) transitional provisions in relation to any act, matter or thing done or required to be done by or in relation to the Melbourne City Council or the Authority.
(3) Sections 220S(1) and 220S(2) (except paragraphs (h) to (j)) of the Local Government Act 1989 apply with any necessary modifications to an Order made under this section.
(4) The Authority and the Melbourne City Council must comply with any Order made under this section.
The Local Government Minister may direct the Authority to provide information to the Melbourne City Council on any voters' roll which existed in relation to the docklands area immediately before the appointed day.
Despite the repeal of section 35J, that section continues to apply in relation to anything done before the appointed day in relation to a municipal function conferred on the Authority.
(1) The Authority and Melbourne City Council may enter into an agreement in relation to any matter associated with the return of the docklands area to the municipal district of the City of Melbourne.
(2) An agreement made under sub-section (1) must—
(a) provide for the prescribed matters; and
(b) not be inconsistent with this Part or any Order made under this Part.
(1) The Minister and the Crown Land Minister on—
(a) receiving a plan of survey of certain land signed by the Surveyor-General; and
(b) being satisfied that the land described on the plan of survey corresponds as nearly as practicable with the land or part of the land shown hatched on plan number LEGL./06-071 lodged in the Central Plan Office of the Department of Sustainability and Environment—
may make a joint recommendation to the Governor in Council that the land shown on the plan of survey be reserved for public purposes.
(2) On receiving a recommendation under sub-section (1), the Governor in Council may, by Order published in the Government Gazette, reserve the land on the plan of survey for public purposes.
(3) On publication of the Order under sub-section (2) in the Government Gazette—
(a) if any of the land shown on the plan of survey is vested in the Authority, the land is—
(i) divested from the Authority; and
(ii) deemed to be unalienated Crown land freed and discharged from all limitations; and
(iii) deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes; and
(b) if any of the land shown on the plan of survey is unreserved Crown land, the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes; and
(c) if the Order so provides, the Melbourne City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of the land shown on the plan of survey.
(4) This section is subject to sections 68, 69 and 70.
(5) Nothing in this section prevents the re-reservation under this section of land which had previously been reserved under this section.
(1) The Governor in Council, by Order published in the Government Gazette may—
(a) require land in the docklands area that is vested in the Authority to be surrendered to the Crown;
(b) divest land in the docklands area from the Authority.
(2) The Authority must comply with a requirement under sub-section (1)(a).
(3) On—
(a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that the Authority is required to surrender under sub-section (1)(a); or
(b) the publication in the Government Gazette of an Order under sub-section (1)(b)—
the land concerned is deemed to be unalienated Crown land and is freed and discharged from all limitations.
(4) On the occurrence of an event described in sub-section (3)—
(a) the land concerned is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes; and
(b) if the Order under sub-section (1) so provides, the Melbourne City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of that land.
(5) A power may only be exercised under sub-section (1) on the joint recommendation of the Minister and the Crown Land Minister.
(6) A joint recommendation may only be made under sub-section (5) if the Ministers are satisfied that the land is required for public purposes.
(7) If requested by the Secretary to the Department of Sustainability and Environment, the Authority must provide information to the Secretary on any surrender of land by, or divestment of land from, the Authority under this section.
(8) This section is subject to sections 68, 69 and 70.
(9) Nothing in this section prevents the re-reservation under this section of land which had previously been reserved under this section.
(1) In this section "lease" includes an agreement, licence, option to renew or other interest arising under or in relation to a lease (whether or not the lease has expired) and an interest in the nature of a lease and "sub-lease" has a corresponding meaning.
(2) The status or continuity of any lease of land that was entered into by the Authority and was existing immediately before the land was reserved under section 66 or 67 is not affected by that reservation or by the operation of that section.
(3) A lease referred to in sub-section (2) has effect—
(a) as a lease between—
(i) if the Melbourne City Council is the committee of management of the leased land, the Melbourne City Council as lessor and the lessee for the time being under the lease, as if it had been assigned to the Melbourne City Council; or
(ii) in any other case, the Crown as lessor and the lessee for the time being under the lease, as if it had been assigned to the Crown; and
(b) as if it referred to the Melbourne City Council or the Crown (as the case may be) instead of to the lessor (however described).
(4) If requested by the Melbourne City Council, the Authority must provide to the Council such information as the Council reasonably requires on any lease for which it is to become the lessor under this section.
(5) The status or continuity of any sub-lease existing over the land affected by a lease referred to in sub-section (2) immediately before the land was reserved under section 66 or 67 is not affected by that reservation or by the operation of that section.
(6) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.
(7) Nothing effected by this section is to be regarded as placing any person in 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.
(8) Despite anything to the contrary in the Crown Land (Reserves) Act 1978 , if a lease referred to in sub-section (2) ( "the original lease" ) ends before the term of the lease expires, the Melbourne City Council may grant a new lease over that land for a term up to the remaining term (including any option to renew) of the original lease.
Note: The Melbourne City Council, as committee of management of land reserved under the Crown Land (Reserves) Act 1978 , may generally grant leases over that land for a term not exceeding 21 years in accordance with the Crown Land (Reserves) Act 1978 .
The status or continuity of any agreement entered into by the Authority under section 173 of the Planning and Environment Act 1987 or section 24(2) of this Act and existing immediately before the reservation of land under section 66 or 67 is not affected by—
(a) the reservation of that land under section 66 or 67; or
(b) the operation of section 68 or 70.
(1) The reservation of land under section 66 or 67 and the operation of those sections do not affect any right existing over the land in favour of a person (other than the Authority) immediately before the date of that reservation.
(2) On and from the date of reservation, any right referred to in sub-section (1) has effect as if it had been granted by the Crown.
(3) This section does not apply to a lease or sub-lease within the meaning of section 68.
(4) In this section—
"right" means any easement, right in the nature of an easement, covenant or any other right created on a registered plan of subdivision within the meaning of the Subdivision Act 1988 or recorded on a folio of the Register kept under the Transfer of Land Act 1958 .
(1) The Secretary to the Department of Sustainability and Environment must keep a register of all rights referred to in section 70(1).
(2) The register must contain the prescribed information.
(3) Any person may inspect the register on payment of the prescribed fee (if any).
(1) The person who is the beneficiary of a right referred to in section 70(1) and the Crown Land Minister may by agreement extinguish the right to the extent that it applies to the person or to land owned by that person.
(2) The Secretary to the Department of Sustainability and Environment must record the extinguishment of a right by agreement under this section in the register kept under section 71.
No compensation is payable by the Crown in respect of anything done or arising out of this Division. '.
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