Explanatory memorandum

Melbourne Market Authority Amendment Bill 2014
Introduction Print
EXPLANATORY MEMORANDUM

571384


BILL LC INTRODUCTION 10/6/2014

General

The Bill amends the Melbourne Market Authority Act 1977 to provide for the use of land under that Act and to make arrangements for the relocation of the Melbourne wholesale fruit, vegetable or flower market. The Bill also makes a number of minor amendments to that Act in the nature of statute law revision.

Clause Notes

Clause 1 states the main purposes of the Bill.

Clause 2 provides for commencement. The Act will come into operation on a day or days to be proclaimed. The default commencement date is 1 June 2015.

Clause 3 provides that the Melbourne Market Authority Act 1977 is the Principal Act for the purposes of the Bill.

Clause 4 amends section 3 of the Principal Act with respect to definitions.

New definitions are included of the Epping market land, market land, nominated day, West Melbourne market and West Melbourne market land to support the clauses of the Bill that provide for use of the land at Epping and West Melbourne and relocation of the market.

Consequential amendments are made to the definitions of market area and prescribed to reflect that the by-laws made by the Melbourne Market Authority apply only to the market at West Melbourne and will not apply to the market at Epping (see also clause 21).

The definitions of fruit and vegetables are redundant and will therefore be repealed.

Clause 5 amends section 6 of the Principal Act with respect to the functions of the Melbourne Market Authority.

New paragraphs (ab) and (ac) clarify that the Authority has the function of controlling, maintaining and managing land whether it is used for the market or not. This will ensure the Authority can deal with the land at West Melbourne when the market is relocated.

Amendments are made to existing paragraphs (a) and (b) to include "flower" in references to the market.

Clause 6 amends section 7 of the Principal Act with respect to the powers of the Melbourne Market Authority.

Subclause (1) clarifies that where the Authority occupies land as a lessee it may grant subleases.

Subclause (2) clarifies that the Authority has power to provide buildings and other items on the land whether the land is used for the market or not and ensures the Authority can deal with the land at West Melbourne when the market is relocated.

Subclause (3) clarifies that the Authority may deal with land to the extent of its interest—for example, if the Authority is a lessee of land, it may sublease the land if the headlease permits this.

Clause 7 amends to section 10 of the Principal Act to include gender neutral language.

Clause 8 amends section 13A of the Principal Act to include gender neutral language.

Clause 9 amends section 15 of the Principal Act to include "flower" in a reference to the market.

Clause 10 amends section 18 of the Principal Act to include gender neutral language.

Clause 11 amends section 23 of the Principal Act to include gender neutral language.

Clause 12 amends section 24 of the Principal Act to include gender neutral language.

Clause 13 substitutes section 26 of the Principal Act.

Use of the West Melbourne land is restricted to market purposes by the existing section 26 and by a restriction on the relevant Crown grant.

New section 26(1) will allow the West Melbourne land to be used for any purpose and removes the restriction on the Crown grant. Subsection (2) requires the Registrar of Titles to adjust the Register under the Transfer of Land Act 1958 to reflect the removal of the Crown grant restriction, and subsection (3) clarifies that the removal does not have the effect of making the West Melbourne land unalienated Crown land or constitute a surrender of the land to the Crown.

Clause 14 makes a consequential amendment to section 32 of the Principal Act to reflect that the Melbourne Market Authority may occupy land under a lease (see also clause 6(1)).

Clause 15 amends section 34 of the Principal Act to provide that the Minister rather than the Melbourne Market Authority may declare land to be market land. This is consistent with the new section 34A (see clause 16).

An amendment is also made to section 34 to include "flower" in a reference to the market.

A new note to section 34 is inserted to clarify that section 38 of the Interpretation of Legislation Act 1984 applies to references to land in the Principal Act.

Clause 16 inserts a new section 34A into the Principal Act to provide that the Minister may by notice declare that land specified in the notice is no longer market land under the Act. The circumstances in which this may be done include relocation of the market, as in the case of the relocation of the market from West Melbourne.

Clause 17 makes consequential amendments to section 35 of the Principal Act to reflect that—

• 
  the Melbourne Market Authority may occupy land under a lease (see also clause 6(1));
  

• 
  the Authority may deal with both market land and land that is not market land (see also clause 5); and
  

• 
  the by-laws will be repealed (see also clause 21).
  

A redundant reference to the Farm Produce Wholesale Act 1990 is also repealed.

Clause 18 makes a consequential amendment to section 36 of the Principal Act to reflect that the by-laws will be repealed (see also clause 21).

Clause 19 inserts new sections 36A and 36B into the Principal Act.

New section 36A abrogates any right at common law to have a market, and any incidents of a market at common law, that might otherwise attach to provision of the market at West Melbourne or Epping. This will ensure that, after relocation of the market, use of the land at West Melbourne is not restricted by its previous use as a market. Likewise, land at Epping that in the future may not be required for market purposes will be able to be used for other purposes.

New section 36A, together with new section 26 (see clause 13) and new section 38D (see clause 22), provides legislative clarification as to use of the land at West Melbourne and Epping and as to the status of interests in that land.

Accordingly, new section 36B provides that no compensation is payable by the Crown for loss or damage arising out of or in connection with enactment of the Bill or, in particular, the relocation of the market, the removal of the restriction on the Crown grant at West Melbourne, the abrogation of any common law right as to the provision of a market, or the bringing to an end of leases, licences and other interests at West Melbourne.

Clause 20 amends section 37 of the Principal Act to include "flower" in a reference to the market. Consequential amendments are also made to reflect that Melbourne Market Authority may occupy land under a lease (see also clause 6(1)).

Clause 21 repeals sections 38 and 38A of the Principal Act which provide for by-laws to be made by the Melbourne Market Authority. Bylaws are currently in place for the market at West Melbourne but will not apply at Epping; rather, the operation of the market at Epping will be governed by the contractual arrangements made between the Authority and the market participants.

Clause 22 inserts a new Part IVA into the Principal Act to make provision with respect to the relocation of the market from West Melbourne.

New section 38B contains definitions for the purposes of the new Part IVA. In particular, preserved interest includes the lease from Victorian Rail Track to the Melbourne Market Authority of specific land at West Melbourne, as well as interests that may be declared under new section 38E.

New section 38C provides for the Minister to declare the nominated day for the purposes of the new Part IVA.

New section 38D(1) provides that, on the nominated day, any leases, licences and other interests and rights of occupancy associated with the market at West Melbourne come to an end, except preserved interests. Subsection (2) is a transitional provision that will allow trade and other activities to continue at West Melbourne as necessary while the relocation of the market is completed. New section 38D will ensure that use of the land at West Melbourne is not restricted by previous arrangements associated with the market.

New section 38E provides for Orders in Council to be made before the nominated day to preserve interests at West Melbourne.

Clause 23 makes a consequential amendment to Schedule 2 to the Principal Act.

Clause 24 provides that the Act will be repealed on 1 June 2016.

The repeal of the Act does not affect the continuing operation of the amendments made by the Act (see section 15(1) of the Interpretation of Legislation Act 1984).