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Page 1: Land (Revocation of Reservations - Regional Victoria …FILE/16-59a001.docx  · Web viewLand (Revocation of Reservations - Regional Victoria Land) Act 2016. No. 59 of 2016. Section

Version No. 001

Land (Revocation of Reservations - Regional Victoria Land) Act 2016

No. 59 of 2016

Version as at1 May 2017

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 1

Part 2—Mechanics' Institute land at Burke's Flat 2

3 Revocation of reservation and Crown grant—Mechanics' Institute land at Burke's Flat 2

4 Consequences of revocation—Mechanics' Institute land at Burke's Flat 2

Part 3—Land for watering purposes at Campbelltown 3

5 Revocation of reservation—Land for watering purposes at Campbelltown 3

6 Consequences of revocation—Land for watering purposes at Campbelltown 3

7 Preservation of licences—Land for watering purposes at Campbelltown 3

Part 4—Mechanics' Institute land at Lake Charm 4

8 Revocation of reservation—Mechanics' Institute land at Lake Charm 4

9 Consequences of revocation—Mechanics' Institute land at Lake Charm 4

Part 5—Walpeup Agricultural Research Station land 5

10 Revocation of reservation—Walpeup Agricultural Research Station land 5

11 Consequences of revocation—Walpeup Agricultural Research Station land 5

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Part 6—General 6

12 Registrar of Titles to make amendments necessary for this Act 6

Schedule 1—Land in respect of which reservations are revoked 7

═══════════════

Endnotes 10

1 General information 10

2 Table of Amendments 12

3 Amendments Not in Operation 13

4 Explanatory details 14

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Version No. 001

Land (Revocation of Reservations - Regional Victoria Land) Act 2016

No. 59 of 2016

Version as at1 May 2017

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The purposes of this Act are—

(a) to revoke the permanent reservation and related Crown grant of certain Mechanics' Institute land at Burke's Flat; and

(b) to revoke the permanent reservation of certain watering purposes land at Campbelltown; and

(c) to revoke the permanent reservation of certain Mechanics' Institute land at Lake Charm; and

(d) to revoke the permanent reservation of certain agricultural research station land at Walpeup.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 May 2017, it comes into operation on that day.

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Part 2—Mechanics' Institute land at Burke's Flat

3 Revocation of reservation and Crown grant—Mechanics' Institute land at Burke's Flat

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

(2) Crown grant Volume 2308 Folio 562 is revoked.

4 Consequences of revocation—Mechanics' Institute land at Burke's Flat

On the revocation by this Part of the Order in Council specified in item 1 of Schedule 1 reserving the land described in that item—

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

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

Part 2—Mechanics' Institute land at Burke's Flat

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Part 3—Land for watering purposes at Campbelltown

5 Revocation of reservation—Land for watering purposes at Campbelltown

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

6 Consequences of revocation—Land for watering purposes at Campbelltown

Subject to section 7, on the revocation by this Part of the Order in Council specified in item 2 of Schedule 1 reserving the land described in that item—

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

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

7 Preservation of licences—Land for watering purposes at Campbelltown

Nothing in section 6 affects any grazing licence over the land described in Crown Allotment 70A1, Section 1, Parish of Campbelltown, granted under section 130 of

Part 2—Mechanics' Institute land at Burke's Flat

Land (Revocation of Reservations - Regional Victoria Land) Act 2016No. 59 of 2016

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the Land Act 1958 and in force immediately before the commencement of this Part.

Part 4—Mechanics' Institute land at Lake Charm

8 Revocation of reservation—Mechanics' Institute land at Lake Charm

The Order in Council specified in item 3 of Schedule 1 is revoked.

9 Consequences of revocation—Mechanics' Institute land at Lake Charm

On the revocation by this Part of the Order in Council specified in item 3 of Schedule 1 reserving the land described in that item—

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

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

Part 2—Mechanics' Institute land at Burke's Flat

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Part 5—Walpeup Agricultural Research Station land

10 Revocation of reservation—Walpeup Agricultural Research Station land

The Orders in Council specified in items 4, 5 and 6 of Schedule 1 are revoked.

11 Consequences of revocation—Walpeup Agricultural Research Station land

On the revocation by this Part of the Orders in Council specified in items 4, 5 and 6 of Schedule 1 reserving the land described in those items—

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

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

Part 2—Mechanics' Institute land at Burke's Flat

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Part 6—General12 Registrar of Titles to make amendments necessary

for this Act

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 Act.

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Schedule 1—Land in respect of which reservations are revoked

Item 1—Mechanics' Institute land at Burke's Flat

Situation and area of land: Crown Allotment 7, Township of Burke's Flat, Parish of Tchuterr, being 1518 square metres.

Instrument and date of reservation: Order in Council dated 14 January 1890, published in the Government Gazette on 17 January 1890 at page 191.

Description of land by reference to Government Gazette:

Government Gazette dated 13 December 1889 at page 4396.

Crown grant details: Crown grant Volume 2308 Folio 562.

Purpose of reservation: Site for a Mechanics' Institute and Free Library.

Extent of revocation: The entire reserve.

Item 2—Land for watering purposes at Campbelltown

Situation and area of land: Crown Allotment 70A1, Section 1, Parish of Campbelltown, being 8094 square metres.

Instrument and date of reservation: Order in Council dated 21 December 1875, published in the Government Gazette on 14 January 1876 at page 68.

Description of land by reference to Government Gazette:

Government Gazette dated 19 November 1875 at page 2169.

Purpose of reservation: Site for affording Access to Water. (Also described in the Government Gazette dated 19 November 1875 at page 2169 as "Site for Watering purposes".)

Extent of revocation: The entire reserve.

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Item 3—Mechanics' Institute land at Lake Charm

Situation and area of land: Crown Allotment 6C of Section 2, Township of Lake Charm, Parish of Dartagook, being 2352 square metres.

Instrument and date of reservation: Order in Council dated 15 November 1910, published in the Government Gazette on 23 November 1910 at page 5214.

Description of land by reference to Government Gazette:

Government Gazette dated 5 October 1910 at page 4613.

Purpose of reservation: Site for a Mechanics' Institute and Free Library.

Extent of revocation: The entire reserve.

Item 4—Walpeup Agricultural Research Station land

Situation and area of land: Crown Allotment 1, Parish of Paignie, County of Karkarooc, and Crown Allotments 1 and 1B, Parish of Walpeup, County of Karkarooc, being 666.8 hectares.

Instrument and date of reservation: Order in Council dated 4 July 1932, published in the Government Gazette dated 6 July 1932 at page 1517.

Description of reserved land by reference to Government Gazette:

Government Gazette dated 6 July 1932 at page 1517.

Purpose of reservation: Site for Experimental Farm.

Extent of revocation: The entire reserve.

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Item 5—Walpeup Agricultural Research Station land

Situation and area of land: Crown Allotments 1 and 1B, Parish of Kattyoong, County of Weeah, being 113.36 hectares.

Instrument and date of reservation: Order in Council dated 18 September 1933, published in the Government Gazette on 27 September 1933 at page 2536.

Description of reserved land by reference to Government Gazette:

Government Gazette dated 23 August 1933 at page 2239.

Purpose of reservation: Site for Experimental Farm purposes.

Extent of revocation: The entire reserve.

Item 6—Walpeup Agricultural Research Station land

Situation and area of land: Crown Allotment 2, Parish of Kattyoong, County of Weeah, being 254.11 hectares.

Instrument and date of reservation: Order in Council dated 22 April 1952, published in the Government Gazette on 30 April 1952 at page 1949.

Description of reserved land by reference to Government Gazette:

Government Gazette dated 26 March 1952 at page 1668.

Purpose of reservation: Site for Experimental Farm purposes.

Extent of revocation: The entire reserve.

═══════════════

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 4 May 2016

Legislative Council: 23 June 2016

The long title for the Bill for this Act was "A Bill for an Act to revoke permanent reservations of certain land at Burke's Flat, Campbelltown, Lake Charm and Walpeup and to revoke a related Crown grant and for other purposes."

The Land (Revocation of Reservations - Regional Victoria Land) Act 2016 was assented to on 2 November 2016 and came into operation on 1 May 2017: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

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• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).

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2 Table of AmendmentsThere are no amendments made to the Land (Revocation of Reservations - Regional Victoria Land) Act 2016 by Acts and subordinate instruments.

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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.

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4 Explanatory detailsNo entries at date of publication.

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