Version No. 001 West Melbourne Lands Act 1968 Act No. 7710/1968 Version as at 24 February 2003 table of provisions

Version No. 001

West Melbourne Lands Act 1968

Act No. 7710/1968

Version as at 24 February 2003

table of provisions

Section Page

1. Short title and commencement 3

2. Definitions 3

3. Crown grant of lands in First Schedule revoked 4

4. Divesting of lands in Second Schedule from the Commissioners 5

5. Dedication of lands in Fourth Schedule 5

6. Defrayal of cost of relocation of Appleton Dock-road 6

7. Amendment of Melbourne Harbor Trust Act 1958 6

__________________ 6

SCHEDULE 7

FIRST SCHEDULE 7

SECOND SCHEDULE 8

THIRD SCHEDULE 8

FOURTH SCHEDULE 10

FIFTH SCHEDULE 11

═══════════════ 11

ENDNOTES 12

1.General Information 12

2.Table of Amendments 13

3.Explanatory Details 14

Version No. 001

West Melbourne Lands Act 1968

Act No. 7710/1968

Version as at 24 February 2003

An Act relating to the Extension of the Site for a Market and other Municipal Purposes at West Melbourne, the Revocation of the Crown Grant of certain Lands to the Melbourne and Metropolitan Tramways Board to enable the Issue of a Crown Grant to the City of Melbourne for those Purposes and the Divesting of certain other Lands from the Melbourne Harbor Trust Commissioners to enable the Issue of a Crown Grant of Part of those Lands to the Melbourne and Metropolitan Tramways Board and the Dedication of Part as a Public Highway.

Preamble

WHEREAS certain Crown lands in the Parish of Doutta Galla described in the First Schedule¹ were granted to the Melbourne and Metropolitan Tramways Board pursuant to the Land (Special Grants) Act 1959:

AND WHEREAS it is expedient that the Crown grant relating to those lands should be revoked and that those lands should become unalienated lands of the Crown and that those lands should for the consideration of $200,000 and subject to the covenants conditions reservations restrictions and exceptions hereinafter provided be granted to the Lord Mayor Councillors and Citizens of the City of Melbourne to be used as a site for a market and other municipal purposes:

AND WHEREAS it has been agreed between the Treasurer of Victoria the Lord Mayor Councillors and Citizens of the City of Melbourne and the Melbourne and Metropolitan Tramways Board that the consideration of $200,000 should be paid by the Lord Mayor Councillors and Citizens of the City of Melbourne into Consolidated Revenue:

AND WHEREAS it has been agreed between the Treasurer of Victoria the Melbourne and Metropolitan Tramways Board and the Melbourne Harbor Trust Commissioners that the sum of $190,000 should be paid to the Melbourne and Metropolitan Tramways Board, and the sum of $10,000 should be paid to the Melbourne Harbor Trust Commissioners:

AND WHEREAS it is expedient that certain lands described in the Second Schedule being part of the lands vested in the Melbourne Harbor Trust Commissioners under the Melbourne Harbor Trust Act 1958 should be divested from the Melbourne Harbor Trust Commissioners and should become unalienated lands of the Crown and that so much of those lands as is described in the Third Schedule should subject to the covenants conditions reservations restrictions and exceptions hereinafter provided be granted to the Melbourne and Metropolitan Tramways Board:

Preamble

AND WHEREAS it is expedient that those lands described in the Fourth Schedule being the lands described in the Second Schedule excepting those described in the Third Schedule should be dedicated to the public as a public highway to be used in connexion with the works authorized under the Coal Canal Bridge Act 1960:

AND WHEREAS part of the lands in the Second Schedule forms part of the existing access road and port services relating to Appleton Dock:

AND WHEREAS it has been agreed that the said part of the access road and port services should be relocated on adjoining land vested in the Melbourne Harbor Trust Commissioners and that the cost of such relocation should be defrayed equally between the Melbourne Harbor Trust Commissioners and the Melbourne and Metropolitan Tramways Board:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1. Short title and commencement

s. 1

(1) This Act may be cited as the West Melbourne Lands Act 1968.

(2) The several provisions of this Act shall come into operation on a day or respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

2. Definitions

In this Act unless inconsistent with the context or subject-matter—

"Board" means the Melbourne and Metropolitan Tramways Board;

"City of Melbourne" means the Lord Mayor Councillors and Citizens of the City of Melbourne;

"Commissioners" means the Melbourne Harbor Trust Commissioners.

3. Crown grant of lands in First Schedule revoked

(1) Notwithstanding anything in any Act or law the Crown grant relating to the lands granted to the Board and described in the First Schedule² shall be revoked made void and annulled and the said lands shall be and be deemed to be unalienated lands of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein.

s. 3

(2) Notwithstanding anything in any Act or law and upon payment by the City of Melbourne of the sum of $200,000 into the Consolidated Revenue the Governor in Council shall grant the land described in the First Schedule to the City of Melbourne in fee simple subject to such covenants conditions reservations restrictions and exceptions as the Governor in Council thinks fit and in particular to the condition that the said land shall at all times be used as and for a site for a market and for other municipal purposes.

(3) The Treasurer of Victoria shall upon payment of the sum of $200,000 by the City of Melbourne into the Consolidated Revenue pay out of the Consolidated Revenue which is hereby to the necessary extent appropriated accordingly the sum of $190,000 to the Board and the sum of $10,000 to the Commissioners.

4. Divesting of lands in Second Schedule from the Commissioners

(1) Notwithstanding anything in any Act or law the lands described in the Second Schedule shall be divested from the Commissioners and shall be and be deemed to be unalienated lands of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein.

(2) Notwithstanding anything in any Act or law the lands described in the Third Schedule shall be granted for an estate in fee simple to the Board subject to such covenants conditions reservations restrictions and exceptions as the Governor in Council thinks fit and subject to the right of the Melbourne and Metropolitan Board of Works, or such other public authority as may be authorized to construct the road and elevated roadway hereinafter referred to, its servants agents and workmen and all other persons by it authorized so far as is necessary for or in connexion with the construction maintenance and use as a highway of a road and elevated roadway linking Dynon-road and Footscray-road, to enter upon and use that part of the said lands which is described in the Fifth Schedule.

5. Dedication of lands in Fourth Schedule

s. 5

The lands described in the Fourth Schedule are hereby dedicated to the public as a public highway under the care and management of and shall be maintained by the City of Melbourne.

6. Defrayal of cost of relocation of Appleton Dock-road

The cost necessarily incurred of the relocation of that part of the access road and port services relating to Appleton Dock and forming part of the lands described in the Second Schedule shall be defrayed equally between the Commissioners and the Board.

7. Amendment of Melbourne Harbor Trust Act 1958

At the end of Part II of the Second Schedule to the Melbourne Harbor Trust Act 1958 there shall be inserted the following expression:

s. 7

";

Sixthly, the lands described in the Second Schedule to the West Melbourne Lands Act 1968.".

__________________

SCHEDULE

Section 3.
FIRST SCHEDULE

Sch. 1

Crown Grant of Land to the Melbourne and Metropolitan Tramways Board now to be revoked and Crown Grant issued to the Lord Mayor Councillors and Citizens of the City of Melbourne.

Fifteen acres and seven perches, more or less, Parish of Doutta Galla, County of Bourke, being allotment 11, section 1B:

Commencing at the south-eastern angle of allotment 12, section 1B,
bounded thence by the eastern boundary of that allotment bearing
0º 5' 1507 6/10 links; by a line bearing 90º 27' 1000 links; by the western boundary of allotment 10 bearing 180º 5' 1501 2/10 links; and thence by the northern alignment of Footscray-road bearing 270º 5' 1000 links to the point of commencement.

__________________

Section 4.
SECOND SCHEDULE

Sch. 2

Land to be divested from the Melbourne Harbor Trust Commissioners.

Eighteen acres three roods nine perches, more or less, Parish of Doutta Galla, County of Bourke:

Commencing at the intersection of the southern alignment of Footscray-road and the western boundary of allotment 6, section B; bounded thence by that allotment boundary bearing 181º 10' 697 5/10 links; thence south-westerly 1496 8/10 links in an arc of a circle of radius 712 1/10 links with centre
lying northerly and with chord of the arc bearing 241º 23' 1236 1/10 links;
by a line bearing 301º 36' 711 2/10 links; thence north-easterly 853 5/10 links in an arc of a circle of radius 1590 9/10 links with centre lying westerly and with chord of the arc bearing 20º 29' 843 3/10 links; by a line bearing
0º 5' 128 8/10 links; and thence by Footscray-road being 90º 5' 1409 9/10 links to the point of commencement.

__________________

Section 4.
THIRD SCHEDULE

Land for which Crown Grant is to issue to the Melbourne and Metropolitan Tramways Board.

Sixteen acres three roods thirty-nine perches, more or less, Parish of Doutta Galla, County of Bourke:

Sch. 3
Commencing at a point on the western boundary of allotment 6, section B, bearing 181º 10' 128 8/10 links from the intersection of that boundary and the southern alignment of Footscray-road; bounded thence by the said allotment boundary bearing 181º 10' 568 7/10 links; thence south-westerly 1496 8/10 links in an arc of a circle of radius 712 1/10 links with centre lying northerly and with chord of the arc bearing 241º 23' 1236 1/10 links; by a line bearing 301º 36' 711 2/10 links; thence north-easterly 853 5/10 links in an arc of a circle of radius 1590 9/10 links with centre lying westerly and with chord
of the arc bearing 20º 29' 843 3/10 links; and thence by a line bearing
90º 5' 1407 5/10 links to the point of commencement.

__________________

Section 5.
FOURTH SCHEDULE

Strip of land 85 feet wide to be dedicated to the public as a public highway and to be under the care and management of and be maintained by the City of Melbourne.

One acre three roods ten perches, more or less, Parish of Doutta Galla, County of Bourke:

Sch. 4
Commencing at the intersection of the southern alignment of Footscray-road and the western boundary of allotment 6, section B; bounded thence by that allotment boundary bearing 180º 10' 128 8/10 links; by lines bearing
270º 5' 1407 5/10 links and 0º 5' 128 8/10 links; and thence by Footscray-road bearing 90º 5' 1409 9/10 links to the point of commencement.

__________________

Section 4.
FIFTH SCHEDULE

Land, being part of the lands described in the Third Schedule, which the Melbourne and Metropolitan Board of Works or other authorized constructing authority may enter upon and use in connexion with the construction maintenance and use, as a highway, of a road linking Dynon-road and Footscray-road.

Two acres three roods three perches, more or less, Parish of Doutta Galla County of Bourke:

Sch. 5
Commencing at the north-eastern angle of the subject land; bounded thence by that land bearing 181º 10' 568 7/10 links and south-westerly 60 1/10 links in an arc of a circle of radius 712 1/10 links with centre lying westerly and with chord of the arc bearing 183º 35' 60 1/10 links; by a line bearing
270º 5' 38 4/10 links; thence north-westerly 386 links in an arc of a circle of radius 378 8/10 links with centre lying northerly and with chord of the arch bearing 299º 16' 369 6/10 links; by a line bearing 328º 28' 526 4/10 links; and thence by the subject land bearing 90º 5' 651 5/10 links to the point of commencement.

═══════════════

ENDNOTES

1. 
   General Information
   

Endnotes
The West Melbourne Lands Act 1968 was assented to on 22 October 1968 and came into operation as follows:

All of Act (except sections 4, 5, 7) on 5 February 1969: Government Gazette 5 February 1969 page 238; sections 4, 5, 7 on 17 March 1971: Government Gazette 17 March 1971 page 634.

1. 
   Table of Amendments
   

Endnotes
There are no amendments made to the West Melbourne Lands Act 1968 by Acts and subordinate instruments.

1. 
   Explanatory Details
   

Endnotes

1 Preamble: Crown grant volume 8242, folio 519.

2 S. 3(1): see note 1.