parks and crown land legislation amendment act 2013file/13-79a002.docx · web view5revocation of...

Version No. 002

Parks and Crown Land Legislation Amendment Act 2013

No. 79 of 2013

Version incorporating amendments as at18 December 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—REVOCATION OF RESERVATIONS 3

3 Revocation of reservation—Ballarat West 34 Revocation of reservation—Bendigo Hospital—Lucan Street

site 55 Revocation of Crown grant—Bendigo Hospital—Anne Caudle

Campus site 66 Revocation of reservations and Crown grant does not affect

certain rights 77 Revocation of reservation—Werribee State Research Farm 88 Revocation of reservation—Psyche Bend 119 Revocation of reservation—Mysia 1210 Revocation of reservation—Yarrawalla 1211 Revocation of reservation and Crown grant—Ninyeunook 1212 Consequences of revocation 1313 Registrar of Titles to make amendments necessary 13

PART 4—AMENDMENT OF NATIONAL PARKS ACT 1975 15

25 Part 8 of Schedule Two amended—Mitchell River National Park 15

27 Part 39 of Schedule Two B amended—Lake Tyers State Park 1528 Part 6 of Schedule Three amended—Gippsland Lakes Coastal

Park 15

1

SCHEDULE—Land Descriptions 18

Item 1 Ballarat West 18Item 2 Bendigo Hospital—Lucan Street site 18Item 3 Werribee State Research Farm 19Item 4 Werribee State Research Farm—temporary reservation 19Item 5 Psyche Bend 19Item 6 Mysia 20Item 7 Yarrawalla 20Item 8 Ninyeunook 21

═══════════════

ENDNOTES 22

1. General Information 22

2. Table of Amendments 23

3. Explanatory Details 24

2

Version No. 002

Parks and Crown Land Legislation Amendment Act 2013

No. 79 of 2013

Version incorporating amendments as at18 December 2014

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to provide for the revocation of several permanent Crown land reservations and Crown grants; and

(b) to amend the Crown Land (Reserves) Act 1978 to streamline the regulation making powers in that Act; and

(c) to amend the National Parks Act 1975 to alter the boundaries of several parks and amend certain offence provisions; and

(d) to amend the Carlton (Recreation Ground) Land Act 1966 to alter the boundary of the land subject to that Act; and

(e) to amend the Shrine of Remembrance Act 1978 to provide for the Minister to appoint a trustee as deputy chairperson; and

(f) to amend the Water Industry Act 1994 in relation to the metropolitan rate; and

(g) to make other minor miscellaneous amendments to various Acts.

1

2 Commencement

(1) This Act, except sections 25, 27 and 28, comes into operation on the day after the day on which this Act receives the Royal Assent.

(2) Sections 25, 27 and 28 come into operation on a day or days to be proclaimed.

__________________

2

s. 2

PART 2—REVOCATION OF RESERVATIONS

3 Revocation of reservation—Ballarat West

(1) The Minister administering the Crown Land (Reserves) Act 1978—

(a) on receiving a plan of survey signed by the Surveyor-General of all or any part of the land described in item 1 of the Schedule or that land as nearly as practicable which is to be reserved for public purposes; and

(b) on being satisfied that the land described in the plan of survey relates to no land other than all or any part of the land described in item 1 of the Schedule or that land as nearly as practicable which is to be reserved for public purposes—

may recommend to the Governor in Council—

(c) that the Order in Council specified in item 1 of the Schedule be revoked to the extent that it applies to the land shown in the plan of survey; and

(d) that the land shown in the plan of survey be reserved for public purposes under section 4(1) of that Act.

(2) The Governor in Council may make the Order recommended under subsection (1).

(3) An Order made under subsection (2) must—

(a) include a copy of the plan of survey of the land to which the Order applies; and

(b) be published in the Government Gazette.

(4) Subject to subsection (5), on the publication in the Government Gazette of an Order made under subsection (2)—

s. 3

Parks and Crown Land Legislation Amendment Act 2013No. 79 of 2013

3

(a) the Order in Council specified in item 1 of the Schedule is revoked to the extent that it applies to the land shown in the plan of survey; and

(b) 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

(c) the appointment of any committee of management 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 revoked to the extent that they apply to that land.

(5) On the revocation under subsection (4) of the Order in Council specified in item 1 of the Schedule reserving land—

(a) that land is taken to be temporarily reserved for public purposes under section 4(1) of the Crown Land (Reserves) Act 1978; and

(b) the Ballarat City Council is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

(6) Nothing in this section affects—

(a) the licence to occupy part of the land described in item 1 of the Schedule, in force immediately before the publication in the Government Gazette of an Order made under subsection (2) in relation to land to which that Order applies, granted to VicRoads on 27 March 2013 under section 17B of the Crown Land (Reserves) Act 1978 by the

s. 3


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City of Ballarat and the Department of Sustainability and Environment; or

(b) any other lease or licence under the Crown Land (Reserves) Act 1978 over any part of the land described in item 1 of the Schedule in force immediately before the publication in the Government Gazette of an Order made under subsection (2) in relation to land to which that Order applies.

4 Revocation of reservation—Bendigo Hospital—Lucan Street site

(1) The Order in Council specified in item 2 of the Schedule is revoked.

(2) Subject to subsection (3), on the revocation by subsection (1) of the Order in Council reserving land—

(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 management of that land is revoked to the extent that it relates to that land; and

(c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

(3) On the revocation by subsection (1) of the Order in Council reserving land—

(a) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for hospitals, health care agencies and services for any other purposes administered by the Minister

s. 4


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administering the Health Services Act 1988; and

(b) the public health service listed in Schedule 5 to the Health Services Act 1988 known as Bendigo Health Care Group is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

5 Revocation of Crown grant—Bendigo Hospital—Anne Caudle Campus site

(1) Crown grant Volume 10090 Folio 329 is revoked.

(2) Subject to subsection (3), on the revocation by subsection (1) of the Crown grant over land—


(b) the appointment of any trustee of that land is revoked to the extent that the appointment relates to that land.

(3) On the revocation by subsection (1) of the Crown grant over land—

(a) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for hospitals, health care agencies and services for any other purposes administered by the Minister administering the Health Services Act 1988; and

(b) the public health service listed in Schedule 5 to the Health Services Act 1988 known as Bendigo Health Care Group is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

s. 5


6

6 Revocation of reservations and Crown grant does not affect certain rights

(1) Nothing in section 4 or 5 affects—

(a) the licence dated 28 May 2013 (known as Construction Licence (Stage 1 Works)) between Bendigo Health Care Group as licensor and Exemplar Health (NBH) 1 Pty Ltd (ACN 163 331 557) as trustee for Exemplar Health (NBH) Trust 1 for and on behalf of the Exemplar Health (NBH) Partnership, and Exemplar Health (NBH) 2 Pty Ltd (ACN 163 600 011) as trustee for Exemplar Health (NBH) Trust 2 for and on behalf of the Exemplar Health (NBH) Partnership, together with the licensee, as in force immediately before the commencement of this section; or

(b) the licence dated 28 May 2013 (known as Construction Licence (DCA Works)) between Bendigo Health Care Group as licensor and Exemplar Health (NBH) 1 Pty Ltd (ACN 163 331 557) as trustee for Exemplar Health (NBH) Trust 1 for and on behalf of the Exemplar Health (NBH) Partnership, and Exemplar Health (NBH) 2 Pty Ltd (ACN 163 600 011) as trustee for Exemplar Health (NBH) Trust 2 for and on behalf of the Exemplar Health (NBH) Partnership, together with the licensee, as in force immediately before the commencement of this section; or

(c) the licence between Bendigo Health Care Group and Peter MacCallum Cancer Institute (ABN 42 100 504 883) approved by the Minister of Health on 8 October 2013, as in

s. 6


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force immediately before the commencement of this section; or

(d) the licence between Bendigo Health Care Group and Clinical Laboratories Pty Ltd trading as Healthscope Pathology (ABN 62 006 823 089) approved by the Minister of Health on 24 October 2013, as in force immediately before the commencement of this section.

(2) In this section—

Bendigo Health Care Group means the public health service listed in Schedule 5 to the Health Services Act 1988 known as Bendigo Health Care Group.

7 Revocation of reservation—Werribee State Research Farm

(1) The Order in Council specified in item 3 of the Schedule is revoked to the extent that it is in force immediately before the commencement of this section.

(2) Subject to subsection (3), on the revocation by subsection (1) of the Order in Council reserving land—


(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

s. 7


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(3) On the revocation by subsection (1) of the Order in Council reserving land—

(a) the part of that land described in item 4 of the Schedule is taken to be temporarily reserved for public purposes under section 4(1) of the Crown Land (Reserves) Act 1978; and

(b) that land, other than the part described in paragraph (a), is unreserved Crown land.

(4) On the revocation by subsection (1) of the Order in Council reserving land, the Primary Industries Committee of Management Incorporated (ABN 74 262 813 670) is taken to be the committee of management of the land referred to in subsection (3)(a) appointed under section 14 of the Crown Land (Reserves) Act 1978.

(5) Nothing in this section affects—

(a) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with the University of Melbourne (ABN 84 002 705 224), commencing on 1 January 2012 and expiring on 31 December 2016; or

(b) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with the University of Melbourne (ABN 84 002 705 224), commencing on 1 January 2012 and expiring on 31 December 2032; or

s. 7


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(c) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with St Vincent's Hospital (Melbourne) Ltd (ABN 22 052 110 755), commencing on 30 November 2009; or

(d) the licence, in force immediately before the commencement of this section, granted by the Primary Industries Committee of Management Incorporated to Animal Reproductive Technical Services (ABN 87 081 807 785), commencing on 1 June 2013; or

(e) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Secretary to the Department of Agriculture, Energy and Minerals with the Director of the Prince Henry's Institute of Medical Research (ABN 48 132 025 024), commencing on 1 January 1995 and expiring on 31 December 2015; or

(f) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with Monash University (ABN 12 377 614 012), commencing on 1 July 2010; or

(g) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Minister for Planning with Incitec Pivot Ltd (ABN 42 004 080 264), commencing on 1 July 2003 and expiring on 30 June 2053; or

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(h) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Minister for Environment and Conservation with the Commonwealth Scientific and Industrial Research Organisation (ABN 41 687 119 230), commencing on 1 October 2000 and expiring on 30 September 2050; or

(i) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with City West Water Ltd (ABN 70 066 902 467), commencing on 5 December 2008 and expiring on 4 December 2013; or

(j) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by Primary Industries Committee of Management Incorporated with Eureka! AgResearch (Vic) Pty Ltd (ABN 25 101 047 723), commencing on 1 November 2009.

8 Revocation of reservation—Psyche Bend


(2) On the revocation by subsection (1) of the Order in Council reserving land, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

s. 8


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9 Revocation of reservation—Mysia



10 Revocation of reservation—Yarrawalla



(3) Nothing in this section affects the licence granted under section 130 of the Land Act 1958 to Roy and Dorothy Hazel Hampson in existence immediately before the revocation of the Order in Council by subsection (1).

11 Revocation of reservation and Crown grant—Ninyeunook


(2) Crown grant Volume 2283 Folio 520 is revoked.

(3) On the revocation by this section of the Order in Council reserving land and Crown grant Volume 2283 Folio 520, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations,

s. 9


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reservations, restrictions, encumbrances, estates and interests.

12 Consequences of revocation

On the revocation by section 8, 9, 10 or 11 of an Order in Council reserving land—

(a) the appointment of any committee of management of the relevant land is revoked to the extent that it relates to that land; and

(b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the relevant land.

13 Registrar of Titles to make amendments necessary

The Registrar of Titles must make any recordings 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 Part.

__________________

s. 12


13

* * * * *

Pt 3 (Heading and ss 14, 15) repealed by No. 79/2013 s. 45(1).

s. 14


14

PART 4—AMENDMENT OF NATIONAL PARKS ACT 1975

* * * * *

25 Part 8 of Schedule Two amended—Mitchell River National Park

In Part 8 of Schedule Two to the National Parks Act 1975—

(a) for "14 365 hectares" substitute "14 395 hectares";

(b) after "pink" insert "or coloured yellow";

(c) for "N.P. 7/4" substitute "N.P. 7/5".

* * * * *

27 Part 39 of Schedule Two B amended—Lake Tyers State Park

In Part 39 of Schedule Two B to the National Parks Act 1975—

(a) for "8645 hectares" substitute "8680 hectares";

(b) omit "or coloured green";

(c) for "N.P. 121" substitute "N.P. 121/1".

28 Part 6 of Schedule Three amended—Gippsland Lakes Coastal Park

In Part 6 of Schedule Three to the National Parks Act 1975—

(a) for "17 805 hectares" substitute "17 690 hectares";

Ss 16–24 repealed by No. 79/2013 s. 45(1).

s. 25

S. 26 repealed by No. 79/2013 s. 45(1).


15

(b) after "pink or" insert "coloured";

(c) omit "excepting therefrom the roads shown as excluded";

(d) for "N.P. 46A/6, N.P. 46B/3 and N.P. 46C/6" substitute "N.P. 46A/7, N.P. 46B/4 and N.P. 46C/7".

* * * * *

__________________

s. 28

Ss 29, 30 repealed by No. 79/2013 s. 45(1).


16

* * * * *

Pt 5 (Heading and ss 31–45) repealed by No. 79/2013 s. 45(1).

s. 31


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SCHEDULESections 3 to 11

LAND DESCRIPTIONS

Item 1 Ballarat WestSituation and area of land: Parish of Dowling Forest,

1313204 hectares, being Crown Allotment 5B of Section 1.

Instrument and date of reservation: Order in Council dated 14 January 1964, published in the Government Gazette dated 22 January 1964, page 172.

Description of land by reference to Government Gazette:

Government Gazette dated 18 December 1963, page 3694.

Purpose of reservation: An Aerodrome.

Item 2 Bendigo Hospital—Lucan Street siteSituation and area of land: Parish of Sandhurst, 4047

hectares, being Crown Allotment 1 of Section 54D.

Instrument and date of reservation: Order in Council dated 12 November 1872, published in the Government Gazette dated 20 December 1872, page 2302.



Purpose of reservation: Hospital purposes.

Extent of revocation: The entire reservation.

Sch.


18

Item 3 Werribee State Research FarmSituation and area of land: Parish of Deutgam,

3094458 hectares, being Crown Allotments 1P of Section C, 1W of Section C, 2003, 2015, 2016, 2017, 2059, 2093 and 2094.

Instrument and date of reservation: Order in Council dated 6 July 1927, published in the Government Gazette dated 13 July 1927, page 2142.


Government Gazette dated 8 June 1927, page 1883.

Purpose of reservation: State Research Farm (Agricultural).

Extent of revocation: The reservation as it is in force.

Item 4 Werribee State Research Farm—temporary reservationSituation and area of land: Parish of Deutgam,

2937923 hectares, being Crown Allotments 1P of Section C, 1W of Section C, 2003, 2015, 2017, 2059 and 2093.

Purpose of temporary reservation: Public purposes.

Item 5 Psyche BendSituation and area of land: Parish of Mildura, 00513 hectares,

being Crown Allotment 2231.

Instrument and date of reservation: Order in Council dated 10 August 1999, published in the Government Gazette dated 12 August 1999, page 1886.


Government Gazette dated 12 August 1999, page 1886.

Purpose of reservation: Management of Wildlife.


Sch.


19

Item 6 MysiaSituation and area of land: Parish of Mysia, 817 hectares,

being Crown Allotment 153A.

Instrument and date of reservation: Order in Council dated 24 March 1891, published in the Government Gazette dated 26 March 1891, page 1388.


Government Gazette dated 27 February 1891, page 1054.

Purpose of reservation: Water Supply purposes.


Item 7 YarrawallaSituation and area of land: Parish of Yarrowalla,

1457 hectares, being Crown Allotment 35A of Section C.

Instrument and date of reservation: Order in Council dated 11 January 1887, published in the Government Gazette dated 14 January 1887, page 77.



Purpose of reservation: Water Supply purposes.


Sch.


20

Item 8 NinyeunookSituation and area of land: Parish of Ninyeunook,

020 hectares, being Crown Allotment 37C of Section 1.

Instrument and date of reservation: Order in Council dated 26 November 1888, published in the Government Gazette dated 30 November 1888, page 3603.

Particulars of Crowngrant:

Crown grant Volume 2283 Folio 520.


Government Gazette dated 26 October 1888, page 3244.

Purpose of reservation: Mechanics Institute and Free Library.


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Sch.


21

ENDNOTES

1. General InformationMinister's second reading speech—

Legislative Assembly: 31 October 2013

Legislative Council: 28 November 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Crown Land (Reserves) Act 1978, the National Parks Act 1975, the Carlton (Recreation Ground) Land Act 1966, the Land (Miscellaneous Matters) Act 1988, the Land (Reservations and other Matters) Act 1997, the Shrine of Remembrance Act 1978 and the Water Industry Act 1994 and to revoke certain permanent Crown land reservations and Crown grants and for other purposes."

The Parks and Crown Land Legislation Amendment Act 2013 was assented to on 17 December 2013 and came into operation as follows:

Sections 1–24, 26, 29–45 on 18 December 2013: section 2(1); sections 25, 27 and 28 not yet proclaimed.

Endnotes


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2. Table of AmendmentsThis Version incorporates amendments made to the Parks and Crown Land Legislation Amendment Act 2013 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Parks and Crown Land Legislation Amendment Act No. 79/2013Assent Date: 17.12.13Commencement Date: S. 45(1) on 18.12.14: s. 45(1)Current State: This information relates only to the provision/s

amending the Parks and Crown Land Legislation Amendment Act 2013

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes


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3. Explanatory DetailsNo entries at date of publication.

Endnotes


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