No. 5176. An Act to revoke the Reservation of certain Lands in the Parish of Melbourne South permanently reserved as Sites for Road Purposes and Ornamental Purposes respectively and to provide for the Reservation of a Portion of the said Lands " together with certain unalienated Crown Land adjacent thereto as a Site for a National Art Gallery and Cultural Centre, and for other purposes. [24th December, 1946.] HE RE AS by Orders in Council of the third day of Preamble. w February One thousand nine hundred and fourteen lZZ?™,emh c 19 the land described in the First Schedule to this Act was JJ. S5!i, aS 1 b r l y permanently reserved as a site for road purposes and the J5i4i ^ 9 lr ' land described in the Second Schedule to this Act was First and permanently reserved as a site for ornamental purposes : schedules. And whereas by proclamation of the Governor in aovcnmeni Council of the twenty-ninth day of May One thousand June, W, p. nine hundred and seventeen the land described in the said First Schedule was, pursuant to section nineteen of the NO. 20768.19. Land Act 1915, proclaimed as a road : And 380 11 GEO. VI.] Melbourne South Land. [No. 5176 And whereas it is expedient that the hereinbefore recited Orders in Council and proclamation, so far as the same relate to the lands described in the said First and Second Schedules, should be revoked and that the said road should Third schedule, be closed, in order that the land described in the Third Schedule to this Act (being a portion of the lands described in the said First and Second Schedules together with certain unalienated land of the Crown adjacent thereto) may be reserved as a site for a national art gallery and cultural centre: ffSSh And whereas by Order in Council of the seventeenth pe8i9ary' 1915' ^ay °f February One thousand nine hundred and fifteen NO. io8i B. 4. made pursuant to section four of the Princes Bridge Approach Act 1900 the boundary between the city of Melbourne and the city of South Melbourne in the vicinity of the said lands was defined by reference inter alia to the centre line of the land described in Part II. of the First Schedule to that Act (being the land described in the First Schedule to this Act) which land was later proclaimed as a road as hereinbefore recited : Fourth Schedule. And whereas by reason that the said road is to be closed it is expedient that the said boundary line should be re-defined as being the line set forth in the Fourth Schedule to this Act: Be it therefore enacted by the King'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) :— citation and 1. This Act may be cited as the Melbourne South Land Act 1946, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. Revocation of reservations of 2. (1) The hereinbefore recited Orders in Council of the !nnFirstSanded third day of February One thousand nine hundred and Second Schedules fourteen, so far as the same relate to the lands described in the First and Second Schedules to this Act, are hereby revoked. (2) The 11 GEO. VI] Melbourne South Land. [No. 5176 381 (2) The hereinbefore recited proclamation of the twenty- Revocation of ninth day of May One thousand nine hundred and seventeen of land proclaiming the land described in the said First Schedule uTihilt as a road is hereby revoked, and the said land is hereby closing of closed as a road and all rights easements or privileges existing or claimed as regards the said road or the land forming the same either in the public or by any person or body of persons whomsoever or whatsoever as incident to any past dedication or supposed dedication thereof or by virtue of any past user thereof or by any fiction of law shall cease and determine. (3) Every other Order in Council proclamation notice Revocation or declaration purporting to reserve dedicate or set apart reservations, the land described in the First Schedule or Second Schedule to this Act or to any part thereof for any purpose whatsoever is hereby revoked. (4) The lands described in the First and Second Schedules Lands u described In to this Act shall be and be deemed to be unalienated lands First and Sch e s to b0 of the Crown freed and discharged from all trusts encum- £a t brances reservations limitations and restrictions whatsoever, crown iand3. er 3. The Governor in Council may pursuant to the Land £™c rnj£ ln 3 Acts reserve the land described in the Third Schedule to J™™" f-°nd this Act as a site for a national art gallery and cultural JwS'sSiJduie P.pnfvrp for & national U}Ilbiy- art gallery and cultural centre. 4. Notwithstanding anything in any Act, that part of Re-djgniuon the boundary line between the city of Melbourne and the boundary ii™ *^ ** between cities city of South Melbourne which lies between the Yarra river of Melbourne i i T f -T^'i i/ i ' South and the centre line of the mam Brighton-road (now known Melbourne. as St. Kilda-road) is hereby re-defined as being the line set forth in the Fourth Schedule to this Act. schedule. SCHEDULED 382 11 GEO. VL] Melbourne South Land. [No. 5176 SCHEDULES. Preamble. FIRST SCHEDULE. Section 2. Land, being the land permanently reserved by Order in Council of Srd February, 1914 (see " Government Gazettes " of 2ith December, 1913, pages 5540 arid 5541, and 11th February, 1914, page 911) as a site for road purposes, and being the land proclaimed as a road by proclamation of 29th May, 1917 (see "Government Gazette" of Gth June, 1917, page 1639) the permanent reservation and proclamation of which are revoked and which is closed as a road by this Act. One acre one rood thirty perches more or less, Parish of Melbourne South, County of Bourke : Commencing at a point on the southern side of City-road distant south-westerly one chain seventy-five links from its intersection with the western side of the main Brighton-road ; bounded thence by a line bearing south-easterly, parallel with the main Brighton-road, to Nolan-street ; thence by that street bearing south­ westerly one chain ; thence by a line bearing north-westerly, parallel with the before-inentioned line, to Sturt-street; and thence by that street and City-road aforesaid bearing north-easterly to the point of commencement. Preamble. SECOND SCHEDULE. Section 2. Land, being the land permanently reserved by Order in Council of 3rd February, 1914 (see " Government Gazettes " of lith December, 1913, pages 5540 and 5541, and lllh February, 1914, page 911) as a site for ornamental purposes, the permanent reservation of which is revoked by this Act. One acre one rood thirty-eight perches more or less, Parish of Melbourne South, County of Bourke : Commencing at a point on the southern side of City-road, distant south-westerly seventy-five links from its intersection with the western side of the main Brighton-road; bounded thence by a line bearing south-easterly, parallel with the main Brighton-road, to Nolan-street ; thence by that street bearing south­ westerly one chain ; thence by a line bearing north-westerly, parallel with the before-mentioned line, to City-road aforesaid ; and thence by that road bearing north-easterly to the point of commencement. Preamble. THIRD SCHEDULE. Section 3. Land, being portion of the lands described in the First and Second Schedules hereto together with certain abutting land, which may be reserved as a site for a National Art Gallery and Cultural Centre. Eight acres two perches more or less, Cities of Melbourne and South Melbourne, Parish of Melbourne South, County of Bourke : Commencing at a point on the eastern side of Sturt-street where the northern side of Nolan-street abuts thereon ; bounded thence by Sturt-street bearing N. 5° 36' E. thirteen chains twenty-six and five-tenths links ; by Sturt- street and the main Brighton-road (now known as St. Kilda-road) bearing two chains forty-eight links in an arc of a circle whose centre THIRD 11 GEO. VI.] Melbourne South Land. [No. 5176 THIRD SCHEDULE—continued. lies ninety-seven links south-easterly, with chord bearing N. 78° 50' E. one chain eighty-five and seven-tenths links ; by the main Brighton-road (now known as St. Kilda-road) bearing S. 27° 55' E. thirteen chains thirty-one links and thence by Nolan-street bearing S. 62° 5' W. four chains ninety links and N. 81° 23' W. five chains four and three-tenths links to the point of commencement. FOURTH SCHEDULE. Re-definition of part of the boundary between the City of Melbourne and the City of South Melbourne from a point on the Yarra River southerly to a point on the centre line of St. Kilda-road. Commencing on the Yarra River at a point in line with the centre of Aikman-street ; thence south-easterly by a line and the centre of Aikman-street to a point bearing N. 37° 25' E. fifty links from the junction of the south-western side of Aikman-street and the north-western side of City-road ; thence by lines bearing S. 51° 15' E.