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Elizabeths Secund^^ Begins 238 1967 VICTOEIA. ANNO SEXTO DECIMO ELIZABETHS SECUND^^ BEGINS No. 7553 An Act relating to Certain Lands in the Parish of Jika Jika and the Parish of Doutta Galla. [lilth March, 1967.] Preamble. T^HEREAS by Order in Council dated 12th January, 1932 c^M/Tor'"' certain Crown lands in the parish of Jika Jika were 2oTi932p. 144. temporarily reserved as a sitefora hospital for acute mental diseases : Sec Government And whereas by Order in Council dated 19th November, 27.u"i9?H 1918 two areas of Crown land in the city of Brunswick, parish of pp. 3381-2. jjjja Jika were temporarily reserved as sites for public purposes : sccGovernm.ni And whercas by Order in Council dated 6th April, 1903 f5!4j903''^ certain Crown lands in the city of Brunswick, parish of Jika Jika p. 1195. were temporarily reserved as a site for public purposes : See CovernmenI And whereas by Order in Council dated 8th September, f6!9'i964'^ 1964 certain Crown lands at Hawstead in the parish of Doutta p. 2914. Galla were permanently reserved as a site for public park and playground : And whereas the Melbourne and Metropolitan Board of Works proposes to construct a metropolitan main highway between Flemington-road and Mount Alexander-road in the city of Melbourne and a point north of Greenbank-crescent in the city of Coburg and portions of the said reserved Crown lands are required in connexion therewith : And 1967. Tullamarine Freeway Lands. No. 7553 239 And whereas in connexion with the said works it will be necessary to reconstruct a road forming an extension of Reynard-street in the city of Coburg and portion of the said reserved Crown land at Hawstead in the parish of Doutta Galla is required in connexion therewith : And whereas it is expedient to make provision for the Melbourne and Metropolitan Board of Works to enter upon and use portions of the said reserved Crown lands for the purpose of constructing the said highway and reconstructing the said road : And whereas it is expedient to make provision for the revocation on completion of the said construction and reconstruction works of the said Orders in Council so far as they relate to the portions of the reserved Crown lands used in the said works : And whereas the Melbourne and Metropolitan Board of Works intends to alter or divert part of the course of the Moonee Ponds Creek in connexion with the construction of the said highway and it is expedient to provide that such altered or diverted course shall vest in the Melbourne and Metropolitan Board of Works : And whereas it is expedient to make provision for the acquisition by the Melbourne and MetropoUtan Board of Works of certain lands subject to the provisions of the Cultural and Recreational Lands Act 1963 : And whereas it is expedient to make other provision as follows : 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. (1) This Act may be cited as the Tullamarine Freeway Lands short tiue Act 1967. (2) In this Act— "The Board" means the Melbourne and Metropohtan '"i^TBoard"" Board of Works. 2. Notwithstanding anything contained in the Land Act 1958 Power to Board or in the hereinbefore recited Orders in Council it shall be lawful and™'sVr?s''e°r«d for the Board its servants agents and workmen and all other '•>"'''• persons by it authorized so far as is necessary for or in connexion with the construction of a metropolitan main highway between Flemington-road and Mount Alexander-road in the city of Melbourne and a point north of Greenbank-crescent in the city of Coburg and the reconstruction of a road forming an extension of 240 1967. Tullamarine Freeway Lands. No. 7553 of Reynard-street in the city of Coburg to enter into and upon and to use any portion or portions of the lands reserved by the said Orders in Council. Power to 3. Upon submission to the Minister of Lands of a plan or Governor in Council plans of survey signed by the Surveyor-General showing the portion partially to revoke Orders or portions of the lands of the Crown reserved as aforesaid on which in Council. the Board has carried out the works required in the construction of the hereinbefore recited highway and the reconstruction of the said road the Minister may recommend to the Governor in Council that the said lands shall be made available for .the said purposes. Partial 4. (1) The Govcmor in Council may on receiving any such orTretn °^ rccommcndation by proclamation published in the Government Council. Gazette revoke and make null and void so far as they relate to any land referred to in the recommendation and defined in the proclamation— (a) Order in Council dated 12th January, 1932 temporarily reserving certain lands in the parish of Jika Jika as a site for a hospital for acute mental diseases; {b) Order in Council dated 19th November, 1918 temporarily reserving two areas of land in the city of Brunswick, parish of Jika Jika as sites for public purposes ; (c) Order in Council dated 6th April, 1903 temporarily reserving certain lands in the city of Brunswick, parish of Jika Jika as a site for public purposes ; (d) Order in Council dated 8th September, 1964 permanently reserving certain lands at Hawstead in the parish of Doutta Galla as a site for public park and playground. (2) On the day on which the Order revoking any Order in Council in respect of any such land is published in the Government Gazette— (a) every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land to which the revoked Order relates shall also be revoked ; and (h) notwithstanding anything in any Act such land shall become and be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein. 5.(1) On 1967. Tullamarine Freeway Lands. No. 7553 241 5. (1) On completion of the reconstruction of the said road closing of road forming an extension of Reynard-street in the city of Coburg the "' ''*^"'' Governor in Council may by Order published in the Government Gazette close any portion or portions of the said road forming the original extension of Reynard-street not required as a road by reason of the said reconstruction. (2) Upon the publication of any such Order— (a) the land theretofore forming such portion or portions of the original extension of Rejaiard-street referred to therein shall cease to form a road and all rights easements or privileges existing or claimed either in the public or by any body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall cease and determine and the said land shall be deemed to be and may be dealt with as unalienated land of the Crown ; and (b) the Order in Council dated 8th September, 1964 shall ^'^^^ '° be deemed and taken for all purposes to relate also pwmanent to the said land theretofore forming such portion or portions of the original extension of Reynard-street. 6. No person or body of persons corporate or unincorporate NO uabuity shall be entitled to receive or shall receive from Her Majesty any croJliT'''° money or consideration or compensation in respect of or in any manner whatsoever arising out of any act matter or thing under this Act. 7. On completion of any alteration or diversion of the course New course of of the Moonee Ponds Creek in connexion with the construction o.^kfo1«?' of the said metropolitan main highway the bed soil and banks of *" ^"'^ the new course of the Moonee Ponds Creek shall be deemed to be vested in the Board pursuant to section 271 of the Melbourne and Metropolitan Board of Works Act 1958 and shall be deemed to be part of the Moonee Ponds Creek. 8; Notwithstanding anything in the Cultural and Recreational Power to LMnds Act 1963 or in any other Act or law— ^ufre'^rtain lands subject (a) the Board may acquire compulsorily those pieces of ^Kem'a"ioLT^ land described in the First Schedule in accordance f^6*No.'7ioi. with the provisions of the Melbourne and Metropolitan First schedule. Board of Works Act 1958 ; {b) the 242 1967. Tullamarine Freeway Lands. No. 7553 ichedtje (^) ^^® Board may agree with the respective trustees of the several lands referred to in the Second Schedule as to the maximum area or areas of those lands which may be required for or in connexion with the construction of the hereinbefore recited highway and may upon such agreement enter into and upon such lands and undertake the said construction works ; (c) in default of agreement as aforesaid the Board may in accordance with the provisions of the Melbourne and Metropolitan Board of Works Act 1958 acquire compulsorily the several lands referred to in the Second Schedule or any part or parts thereof which are required for or in connexion with the construction of the hereinbefore recited highway ; id) where the Board requires to enter into and upon the several lands referred to in the Second Schedule or any part or parts thereof for or in connexion with the construction of the hereinbefore recited highway but has not pubhshed or given notice pursuant to the provisions of section 232 of the Melbourne and Metropolitan Board of Works Act 1958, the Minister for Local Government may, on the application of the Board, if he is satisfied that it is not reasonable or practicable to require the Board
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