Victorian Current Acts

PORT MELBOURNE (AIRCRAFT AGREEMENT) LAND ACT 1937 - SECT 4

Upon the registration in the Office of Titles in pursuance of the agreement of a transfer and surrender to His Majesty in right of the State of Victoria of the lands described in the Fourth Fifth and Sixth Schedules to the agreement freed and discharged from all encumbrances and the payment by the company to the Minister of the balance of the purchase money as provided in paragraph ( a ) of clause four of the agreement and the payment by the company of all proper survey charges, fee for Crown grant and contribution to the assurance fund—

    ( a )     the lands described in the said Fourth Fifth and Sixth Schedules shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances limitations and restrictions whatsoever;

( b )               (i)     the hereinbefore recited proclamation of the twenty-fifth day of November One thousand eight hundred and eighty-nine so far as the same relates to the lands described in the Seventh and Eleventh Schedules to the agreement shall be hereby revoked;

              (ii)     that portion of the said Lorimer-street which is described in the said Seventh and Eleventh Schedules shall be hereby closed as a street and all rights easements or privileges existing or claimed as regards the said portion of the said street or the land forming the same either in the public or by any person or body of persons whomsoever or whatsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine;

              (iii)     the lands described in the said Seventh and Eleventh Schedules shall be and be deemed to be unalienated lands of the Crown;

    ( c )     the lands described in the Third Eighth Tenth and Twelfth Schedules to the agreement shall be hereby divested from the Commissioners and shall be and be deemed to be unalienated lands of the Crown freed and discharged from all encumbrances trusts limitations and restrictions whatsoever and from every estate interest or right therein;

    ( d )     the Governor in Council may in the name and on behalf of His Majesty grant the land described in the Thirteenth Schedule to the agreement to the company for an estate in fee simple subject to the provisions and conditions referred to in paragraph ( a ) of clause five of the agreement;

    ( e )     the Governor in Council may pursuant to the Land Acts proclaim the lands described in the said Fifth Tenth and Twelfth Schedules as a street and the lands so proclaimed shall then be deemed to form portion of the said Lorimer-street; and

    ( f )     the lands described in the said Sixth and Seventh Schedules shall be hereby vested in the Commissioners upon trust for the purposes of the Melbourne Harbor Trust Acts.