Werribee South Land Act 1991

Version No. 003 Werribee South Land Act 1991 Act No. 11/1991 Version incorporating amendments as at 21 December 2006

TABLE OF PROVISIONS

Section Page 1. Purposes 1 2. Commencement 1 3. Revocation of reservations 1 4. Reservation of land 3 5. Long-term marina development leases 3 6. Order to include Plan of Survey 4 7. PMA's powers to continue 4 8. No compensation payable by the Crown 5 ______

SCHEDULES 6 SCHEDULE 1—Land in respect of which the reservations are revoked 6 SCHEDULE 2—Plan of Werribee South Land 7 ═══════════════

ENDNOTES 8 1. General Information 8 2. Table of Amendments 9 3. Explanatory Details 10

i Version No. 003 Werribee South Land Act 1991 Act No. 11/1991

Version incorporating amendments as at 21 December 2006

The Parliament of Victoria enacts as follows:

1. Purposes The purposes of this Act are— (a) to revoke in part the permanent and temporary reservations of lands at Werribee South; and (b) to reserve those and neighbouring lands for recreation and tourism; and (c) to authorise the granting of long-term leases for marina development over those reserved lands. 2. Commencement This Act comes into operation on a day to be proclaimed. 3. Revocation of reservations (1) In this section— "cross-hatched plan" means the land shown cross-hatched on the plan in Schedule 2 or that land as nearly as practicable; "hatched plan" means the land shown hatched on the plan in Schedule 2 or that land as nearly as practicable.

1 s. 3

(2) The Minister administering the Crown Land (Reserves) Act 1978, on receiving a Plan of Survey, signed by the Surveyor-General, of the cross-hatched land and the hatched land may recommend to the Governor in Council that— (a) the Order in Council specified in Item 1 of Schedule 1 be revoked to the extent that it applies to the cross-hatched land; and (b) the Order in Council specified in Item 2 of Schedule 1 be revoked to the extent that it applies to the hatched land. (3) On the Minister's recommendation the Governor in Council, by order published in the Government Gazette, may declare that— (a) the Order in Council specified in Item 1 of Schedule 1 is revoked to the extent that it applies to the cross-hatched land specified in the Plan of Survey; and (b) the Order in Council specified in Item 2 of Schedule 1 is revoked to the extent that it applies to the hatched land specified in the Plan of Survey. (4) On the publication in the Government Gazette of an Order under sub-section (3)— (a) the Orders in Council specified in Schedule 1 are revoked to the extent provided by the Order; and (b) despite any Act or Law to the contrary, the cross-hatched land and the hatched land specified in the Plan of Survey are deemed to be unalienated lands of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

2 s. 4

4. Reservation of land (1) The Minister administering the Crown Land (Reserves) Act 1978, on receiving a Plan of Survey, signed by the Surveyor-General, of the land to which an order made under section 3 applies, and the land shown stippled on the plan in Schedule 2 or that land as nearly as practicable, may recommend to the Governor in Council that the land be temporarily reserved for recreation and tourism. (2) On the Minister's recommendation the Governor in Council, by order published in the Government Gazette, may declare that the land specified in the Plan of Survey is temporarily reserved for recreation and tourism. (3) On the date of publication in the Government Gazette of an Order under this section, the land to which the Order applies is deemed to be temporarily reserved under the Crown Land (Reserves) Act 1978 for recreation and tourism. 5. Long-term marina development leases (1) The Minister administering the Crown Land (Reserves) Act 1978, on receiving a Plan of Survey, signed by the Surveyor-General, of all or any part of the land to which an Order made under section 4 applies, may recommend to the Governor in Council that long-term leases be authorised over the land in the Plan of Survey. (2) On the Minister's recommendation the Governor in Council, by Order published in the Government Gazette, may authorise the granting of long-term leases over all or any part of the land in the Plan of Survey.

3 s. 6

(3) On and from the date of publication in the S. 5(3) Government Gazette of an Order under this amended by No. 85/2006 section the Minister administering the Crown s. 174. Land (Reserves) Act 1978 or, with that Minister's approval, a Committee of Management for the land in the Plan of Survey may grant leases over all or any part of that land for the purposes of marina development, for terms each of which is not more than 99 years. (4) Leases referred to in this section may be granted despite anything to the contrary in any Order under section 4 or in any Act, law or other instrument. (5) Subject to sub-sections (3) and (4), the Crown Land (Reserves) Act 1978 applies to leases under this section. 6. Order to include Plan of Survey An Order made under section 3, 4 or 5 must include a copy of the Plan of Survey of the land to which the Order applies. 7. PMA's powers to continue If any of the land to which an Order under section 3 applies was immediately before the date of publication of the Order in the Government Gazette subject to the Port of Melbourne Authority Act 1958— (a) the land continues subject to that Act despite anything in that Order or in any Order made under section 4 or 5; and (b) nothing in paragraph (a) or that Act takes away, limits or affects the leasing powers in section 5.

4 s. 8

8. No compensation payable by the Crown Except as expressly provided in any lease referred to in section 5, no compensation is payable by the Crown in respect of anything done under or arising out of this Act. ______

5 Werribee South Land Act 1991 Act No. 11/1991 Sch. 1

SCHEDULES

SCHEDULE 1

Section 3

LAND IN RESPECT OF WHICH THE RESERVATIONS ARE REVOKED

Description of land by Situation Instrument reference to and area of and date of Government Purpose of Extent of Item land reservation Gazette reservation revocation 1 Shore of Order in 15 November Site for As to cross- Port Phillip Council 1872, page Public hatched land Bay 26 May 1873 2086 and Purposes on plan in 13 June 1873, Schedule 2 page 1059 2 Parish of Order in 31 August 1988 Site for As to hatched Detugam Council page 2628 Public land on plan County of 23 August Purposes in Schedule 2 Bourke, 1988 3 hectares more or less

______

6 Werribee South Land Act 1991 Sch. 2 Act No. 11/1991

Sch. 2 SCHEDULE 2 substituted b y No. 85/2006 Sections 3 and 4 s. 175(Sch. 2). PLAN OF WERRIBEE SOUTH LAND

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7 Werribee South Land Act 1991 Act No. 11/1991 Endnotes

ENDNOTES

1. General Information Minister's second reading speech— Legislative Assembly: 14 March 1990 Legislative Council: 10 April 1991 The long title for the Bill for this Act was "A Bill to revoke the reservations of certain lands at Werribee South, reserve those and other lands for recreation and tourism, to authorise the granting of long-term leases over those reserved lands and other purposes. The Werribee South Land Act 1991 was assented to on 23 April 1991 and came into operation on 8 September 2006: Government Gazette 7 September 2006 page 1873.

8 Werribee South Land Act 1991 Endnotes Act No. 11/1991

2. Table of Amendments This Version incorporates amendments made to the Werribee South Land Act 1991 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Water (Governance) Act 2006, No. 85/2006 Assent Date: 17.10.06 Commencement Date: Ss 174, 175(Sch. 2) on 21.12.06: Government Gazette 21.12.06 p. 2768 Current State: This information relates only to the provision/s amending the Werribee South Land Act 1991 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

9 Werribee South Land Act 1991 Act No. 11/1991 Endnotes

3. Explanatory Details No entries at date of publication.