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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Land (Revocation of Reservations) Bill 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Frankston land 3
3 Revocation of reservations--Frankston land 3
4 Consequences of revocation--Frankston land 3
5 Temporary reservation of Frankston land 3
Part 3--Lower Reserve, Camberwell 5
Division 1--Crown Allotment 2145, Lower Reserve, Camberwell 5
6 Revocation of reservation--Crown Allotment 2145, Lower
Reserve, Camberwell 5
7 Consequences of revocation--Crown Allotment 2145, Lower
Reserve, Camberwell 5
8 Temporary reservation of Crown Allotment 2145, Lower
Reserve, Camberwell 5
Division 2--Crown Allotment 2144, Lower Reserve, Camberwell 6
9 Revocation of reservation--Crown Allotment 2144, Lower
Reserve, Camberwell 6
10 Consequences of revocation--Crown Allotment 2144, Lower
Reserve, Camberwell 6
11 Temporary reservation of Crown Allotment 2144, Lower
Reserve, Camberwell 7
12 Revocation of reservation does not affect certain rights 7
13 Preservation of licences does not place parties in breach 7
Part 4--Geelong Foreshore reserve 9
14 Revocation of reservations--Geelong Foreshore 9
15 Consequences of revocation--Geelong Foreshore 9
Part 5--Coleraine Racecourse land 12
16 Revocation of reservations and Crown grants--Coleraine
Racecourse land 12
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Clause Page
17 Consequences of revoking reservations and Crown grants--
Coleraine Racecourse land 12
18 Re-reservation of Coleraine Racecourse land 13
19 Coleraine Racing Club Inc. to be committee of management 13
Part 6--General 14
20 Registrar of Titles to make amendments necessary for this Act 14
Schedule 1--Land in respect of which reservations are revoked 15
═════════════
Endnotes 21
1 General information 21
591067B.I-10/9/2019 ii BILL LA INTRODUCTION 10/9/2019
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Land (Revocation of Reservations)
Bill 2019
A Bill for an Act to provide for the revocation of certain permanent
reservations of Crown land at Frankston, Camberwell, Geelong and
Coleraine, to revoke related Crown grants and to re-reserve certain
land and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to revoke the permanent reservation of land
5 adjoining Frankston Hospital and to provide
for the temporary re-reservation of the land;
and
(b) to revoke part of the permanent reservation
of land at Lower Reserve, Camberwell, and
10 to provide for the temporary re-reservation
of that land; and
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Land (Revocation of Reservations) Bill 2019
Part 1--Preliminary
(c) to revoke the permanent reservation of part
of the land on the Geelong Foreshore; and
(d) to revoke the permanent reservation and
related Crown grants of land at the Coleraine
5 Racecourse and to provide for the permanent
re-reservation of the land.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
10 (2) If a provision of this Act does not come into
operation before 27 August 2020, it comes into
operation on that day.
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Part 2--Frankston land
Part 2--Frankston land
3 Revocation of reservations--Frankston land
The Orders in Council specified in items 1, 2 and
3 of Schedule 1 are revoked to the extent specified
5 in those items.
4 Consequences of revocation--Frankston land
On the revocation of the Orders in Council
specified in items 1, 2 and 3 of Schedule 1
reserving the land described in those items--
10 (a) that land is taken to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) subject to section 5, the appointment of any
15 committee of management of that land is
revoked to the extent that it relates to that
land; and
(c) the appointment of any trustee of that land is
revoked to the extent that it relates to that
20 land; and
(d) any regulations made under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
25 5 Temporary reservation of Frankston land
On the revocation of the Orders in Council
specified in items 1, 2 and 3 of Schedule 1--
(a) the land described in those items is taken to
be temporarily reserved under section 4(1) of
30 the Crown Land (Reserves) Act 1978 for
hospital purposes; and
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Land (Revocation of Reservations) Bill 2019
Part 2--Frankston land
(b) Peninsula Health Inc. continues to be the
committee of management of that land
appointed under section 14 of the Crown
Land (Reserves) Act 1978.
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Land (Revocation of Reservations) Bill 2019
Part 3--Lower Reserve, Camberwell
Part 3--Lower Reserve, Camberwell
Division 1--Crown Allotment 2145, Lower Reserve,
Camberwell
6 Revocation of reservation--Crown Allotment 2145,
5 Lower Reserve, Camberwell
The Order in Council specified in item 4 of
Schedule 1 is revoked to the extent that it applies
to Crown Allotment 2145, Parish of Boroondara.
7 Consequences of revocation--Crown
10 Allotment 2145, Lower Reserve, Camberwell
Subject to section 8, on the revocation of the
Order in Council specified in item 4 of Schedule 1
to the extent that it applies to the land described in
Crown Allotment 2145, Parish of Boroondara--
15 (a) that land is taken to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
20 management of that land is revoked to the
extent that it relates to that land; and
(c) the appointment of any trustee of that land is
revoked to the extent that it relates to that
land; and
25 (d) any regulations made under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
8 Temporary reservation of Crown Allotment 2145,
30 Lower Reserve, Camberwell
On the revocation of the Order in Council
specified in item 4 of Schedule 1 to the extent that
it applies to the land described in Crown
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Part 3--Lower Reserve, Camberwell
Allotment 2145, Parish of Boroondara, that land is
taken to be temporarily reserved under section
4(1) of the Crown Land (Reserves) Act 1978 for
State school purposes.
5 Division 2--Crown Allotment 2144, Lower Reserve,
Camberwell
9 Revocation of reservation--Crown Allotment 2144,
Lower Reserve, Camberwell
The Order in Council specified in item 5 of
10 Schedule 1 is revoked to the extent that it applies
to Crown Allotment 2144, Parish of Boroondara.
10 Consequences of revocation--Crown
Allotment 2144, Lower Reserve, Camberwell
Subject to this Division, on the revocation of the
15 Order in Council specified in item 5 of Schedule 1
to the extent that it applies to the land described in
Crown Allotment 2144, Parish of Boroondara--
(a) that land is taken to be unalienated land of
the Crown, freed and discharged from all
20 trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
25 (c) the appointment of any trustee of that land is
revoked to the extent that it relates to that
land; and
(d) any regulations made under section 13 of the
Crown Land (Reserves) Act 1978 are
30 revoked to the extent that they apply to that
land.
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Part 3--Lower Reserve, Camberwell
11 Temporary reservation of Crown Allotment 2144,
Lower Reserve, Camberwell
On the revocation of the Order in Council
specified in item 5 of Schedule 1 to the extent that
5 it applies to the land described in Crown
Allotment 2144, Parish of Boroondara--
(a) that land is taken to be temporarily reserved
under section 4(1) of the Crown Land
(Reserves) Act 1978 for public recreation
10 purposes; and
(b) the City of Boroondara is taken to be the
committee of management under
section 14(2) of the Crown Land
(Reserves) Act 1978 of that land.
15 12 Revocation of reservation does not affect certain
rights
Nothing in this Division affects the following--
(a) the licence dated 7 February 2018 between
the City of Boroondara as committee of
20 management and Camberwell Primary
School as licensee, as in force immediately
before the commencement of section 9;
(b) the licence dated 3 August 2015 between the
City of Boroondara as committee of
25 management and Camberwell Junction
Tennis Club Incorporated as licensee, as in
force immediately before the commencement
of section 9.
13 Preservation of licences does not place parties in
30 breach
Nothing done by virtue of this Division--
(a) is to be regarded as placing any person in
breach of, or as constituting a default under,
any provision of a licence referred to in
35 section 12 including any provision
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Part 3--Lower Reserve, Camberwell
prohibiting, restricting or regulating the
assignment of the licence; or
(b) is to be regarded as fulfilling any condition
which allows a person to exercise a right or
5 remedy in respect of, or to terminate, any
agreement or obligation; or
(c) releases the obligor wholly or in part from
any obligation.
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Part 4--Geelong Foreshore reserve
Part 4--Geelong Foreshore reserve
14 Revocation of reservations--Geelong Foreshore
(1) The Order in Council specified in item 6 of
Schedule 1 is revoked to the extent that it relates
5 to the land specified in that item.
(2) The Order in Council specified in item 7 of
Schedule 1 is revoked to the extent that it relates
to the land specified in that item.
(3) The Order in Council specified in item 8 of
10 Schedule 1 is revoked to the extent that it relates
to the land specified in that item.
(4) The Order in Council specified in item 9 of
Schedule 1 is revoked to the extent that it relates
to the land specified in that item.
15 15 Consequences of revocation--Geelong Foreshore
(1) On the revocation of the Orders in Council
specified in items 6, 7, 8 and 9 of Schedule 1 to
the extent that it relates to the land specified in
those items--
20 (a) subject to this Part, that land is taken to be
unalienated land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests; and
25 (b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
(c) the appointment of any trustee of that land is
revoked to the extent that it relates to that
30 land; and
(d) any regulations made under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
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Part 4--Geelong Foreshore reserve
(2) The following are authorised, and are taken to
always have been authorised, for the purposes of
section 8 of the Crown Land (Reserves)
Act 1978--
5 (a) the issue of Crown grant Volume 10269
Folio 410;
(b) the issue of Crown grant Volume 10269
Folio 411;
(c) the issue of Certificate of Title Volume
10 10288 Folios 515, 516, 517 and 518;
(d) the recording of any interest, or any dealing,
in any land specified in item 7 of Schedule 1
subsequent to the issue of Crown grant
Volume 10269 Folio 410;
15 (e) the recording of any interest, or any dealing,
in any land specified in item 8 of Schedule 1
subsequent to the issue of Crown grant
Volume 10269 Folio 411;
(f) the recording of any interest, or any dealing,
20 in any land specified in item 9 of Schedule 1
subsequent to the issue of Certificate of Title
Volume 10288 Folios 515, 516, 517 and 518.
(3) Nothing done by virtue of this Part--
(a) affects any holding or interest in any land
25 specified in item 7, 8 or 9 of Schedule 1; or
(b) affects any mortgage or encumbrance
recorded in respect of any land specified in
item 7, 8 or 9 of Schedule 1; or
(c) affects any dealing in any land specified in
30 item 7, 8 or 9 of Schedule 1; or
(d) affects the appointment of any trustee that
relates to any land specified in item 7, 8 or 9
of Schedule 1; or
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Part 4--Geelong Foreshore reserve
(e) is to be regarded as placing any person in
breach of, or as constituting a default under,
any obligation; or
(f) is to be regarded as fulfilling any condition
5 which allows a person to exercise a right or
remedy in respect of, or to terminate, any
agreement or obligation; or
(g) releases the obligor wholly or in part from
any obligation.
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Part 5--Coleraine Racecourse land
Part 5--Coleraine Racecourse land
16 Revocation of reservations and Crown grants--
Coleraine Racecourse land
(1) The Order in Council specified in item 10 of
5 Schedule 1 is revoked to the extent that it relates
to the land specified in that item.
(2) Crown grant Volume 1513 Folio 520 is revoked.
(3) Crown grant Volume 4060 Folio 980 is revoked.
(4) The land specified in item 11 of Schedule 1 ceases
10 to be subject to the reservation imposed by virtue
of section 3 of, and the Second and Third
Schedules to, the Coleraine Race-course
Act 1901 as in force immediately before the
repeal of that Act by section 4(1) of the Statute
15 Law Revision Act 1984.
17 Consequences of revoking reservations and Crown
grants--Coleraine Racecourse land
On the revocation of the reservations of land
referred to in items 10 and 11 of Schedule 1--
20 (a) that land is taken to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) subject to section 19, the appointment of any
25 committee of management of that land is
revoked to the extent that it relates to that
land; and
(c) the appointment of any trustee of the land is
revoked to the extent that it relates to that
30 land; and
(d) any regulations made under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
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Part 5--Coleraine Racecourse land
18 Re-reservation of Coleraine Racecourse land
On the revocation of the reservations of land
referred to in items 10 and 11 of Schedule 1, that
land is taken to be permanently reserved under
5 section 4(1) of the Crown Land (Reserves)
Act 1978 as a site for a racecourse.
19 Coleraine Racing Club Inc. to be committee of
management
On the revocation of the reservations of land
10 referred to in items 10 and 11 of Schedule 1,
Coleraine Racing Club Inc. is taken to be the
committee of management under section 14(2) of
the Crown Land (Reserves) Act 1978 of that
land.
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Land (Revocation of Reservations) Bill 2019
Part 6--General
Part 6--General
20 Registrar of Titles to make amendments necessary
for this Act
The Registrar of Titles must make any recordings
5 in or amendments to the Register kept under the
Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Act.
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Land (Revocation of Reservations) Bill 2019
Schedule 1--Land in respect of which reservations are revoked
Schedule 1--Land in respect of which
reservations are revoked
Item 1--Frankston land
Situation and area of reserved land: Crown Allotment 4A, Township of
Frankston, Parish of Frankston,
being 6569 square metres.
Instrument and date of reservation: Order in Council dated
15 December 1964, published in the
Government Gazette dated
23 December 1964, page 3811.
Description of reserved land by Government Gazette dated
reference to Government Gazette: 23 December 1964, page 3811.
Purpose of reservation: Public Recreation.
Extent of revocation: The entire reserve.
Item 2--Frankston land
Situation and area of reserved land: Crown Allotment 4B, Township of
Frankston, Parish of Frankston,
being 2150 square metres.
Instrument and date of reservation: Order in Council dated 3 December
1963, published in the Government
Gazette dated 11 December 1963,
page 3619.
Description of reserved land by Government Gazette dated
reference to Government Gazette: 11 December 1963, page 3619.
Purpose of reservation: Public Recreation.
Extent of revocation: The reserve so far as it relates to
Crown Allotment 4B, Township of
Frankston, Parish of Frankston.
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Schedule 1--Land in respect of which reservations are revoked
Item 3--Frankston land
Situation and area of reserved land: Crown Allotment 4F, Township of
Frankston, Parish of Frankston,
being 1701 square metres.
Instrument and date of reservation: Order in Council dated 3 December
1963, published in the Government
Gazette dated 11 December 1963,
page 3619.
Description of reserved land by Government Gazette dated
reference to Government Gazette: 11 December 1963, page 3619.
Purpose of reservation: Public Recreation.
Extent of revocation: The reserve so far as it relates to
Crown Allotment 4F, Township of
Frankston, Parish of Frankston.
Item 4--Lower Reserve, Camberwell land
Situation and area of reserved land: Crown Allotment 2145, Parish of
Boroondara, being 2900 square
metres.
Instrument and date of reservation: Order in Council dated
23 November 1885, published in
the Government Gazette dated
27 November 1885, page 3169.
Description of reserved land by Government Gazette dated
reference to Government Gazette: 23 October 1885, page 2929.
Purpose of reservation: Public gardens.
Extent of revocation: The reserve so far as it relates to
Crown Allotment 2145, Parish of
Boroondara.
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Schedule 1--Land in respect of which reservations are revoked
Item 5--Lower Reserve, Camberwell land
Situation and area of reserved land: Crown Allotment 2144, Parish of
Boroondara, being 2177 square
metres.
Instrument and date of reservation: Order in Council dated
23 November 1885, published in
the Government Gazette dated 27
November 1885, page 3169.
Description of reserved land by Government Gazette dated
reference to Government Gazette: 23 October 1885, page 2929.
Purpose of reservation: Public gardens.
Extent of revocation: The reserve so far as it relates to
Crown Allotment 2144, Parish of
Boroondara.
Item 6--Geelong Foreshore land
Situation and area of reserved land: Crown Allotment 2095, Parish
of Moorpanyal, being 1800 square
metres.
Instrument and date of reservation: Order in Council dated 26 May
1873, published in the Government
Gazette dated 13 June 1873,
page 1059.
Description of reserved land by Government Gazette dated 15 June
reference to Government Gazette: 1872, page 2086.
Purpose of reservation: Public Purposes.
Extent of revocation: The reserve so far as it relates to
Crown Allotment 2095.
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Schedule 1--Land in respect of which reservations are revoked
Item 7--Geelong Foreshore land
Situation and area of reserved land: Crown Allotment 60A, Parish
of Moorpanyal, being the land
shown hatched on plan LEGL./17-
444 held in the Central Plan Office,
being 6400 square metres.
Instrument and date of reservation: Order in Council dated 26 May
1873, published in the Government
Gazette dated 13 June 1873,
page 1059.
Description of reserved land by Government Gazette dated 15 June
reference to Government Gazette: 1872, page 2086.
Purpose of reservation: Public Purposes.
Extent of revocation: The reserve so far as it relates to the
part of Crown Allotment 60A
shown hatched on plan LEGL./
17-444 held in the Central Plan
Office.
Item 8--Geelong Foreshore land
Situation and area of reserved land: Crown Allotment 60B, Parish of
Moorpanyal, being the land shown
hatched on plan LEGL./17-444 held
in the Central Plan Office, being
30 square metres.
Instrument and date of reservation: Order in Council dated 26 May
1873, published in the Government
Gazette dated 13 June 1873,
page 1059.
Description of reserved land by Government Gazette dated 15 June
reference to Government Gazette: 1872, page 2086.
Purpose of reservation: Public Purposes.
Extent of revocation: The reserve so far as it relates to the
part of Crown Allotment 60B
shown hatched on plan LEGL./
17-444 held in the Central Plan
Office.
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Schedule 1--Land in respect of which reservations are revoked
Item 9--Geelong Foreshore land
Situation and area of reserved land: Crown Allotment 60, Parish of
Moorpanyal, being the land shown
hatched on plan LEGL./17-444 held
in the Central Plan Office, being
700 square metres.
Instrument and date of reservation: Order in Council dated 26 May
1873, published in the Government
Gazette dated 13 June 1873,
page 1059.
Description of reserved land by Government Gazette dated 15 June
reference to Government Gazette: 1872, page 2086.
Purpose of reservation: Public Purposes.
Extent of revocation: The reserve so far as it relates to the
part of Crown Allotment 60 shown
hatched on plan LEGL./17-444 held
in the Central Plan Office.
Item 10--Coleraine Racecourse land
Situation and area of reserved land: Crown Allotment 4 of Section 20,
Parish of Coleraine, being 43.3044
hectares.
Instrument and date of reservation: Order in Council dated 22 May
1883, published in the Government
Gazette on 25 May 1883,
page 1064.
Description of reserved land by Government Gazette dated 27 April
reference to Government Gazette: 1883, page 891.
Crown grant details: Volume 1513 Folio 520.
Purpose of reservation: Site for a Racecourse, permanent.
Extent of revocation: The entire reserve.
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Schedule 1--Land in respect of which reservations are revoked
Item 11--Coleraine Racecourse land
Situation and area of reserved land: Crown Allotments 4B and 4C of
Section 20, Parish of Coleraine,
being 19.102 hectares.
Instrument and date of reservation: 1. Crown grant Volume 4060
Folio 980.
2. The Coleraine Race-course
Act 1901, section 3 and the
Second and Third Schedules.
Description of reserved land by Second and Third Schedules to the
reference to Act: Coleraine Race-course Act 1901.
Crown grant details: Volume 4060 Folio 980.
Purpose of reservation: Site for a Racecourse, permanent.
Extent of revocation: The entire reserve.
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
591067B.I-10/9/2019 21 BILL LA INTRODUCTION 10/9/2019
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