Melbourne Harbor Trust Land Act 1968

An Act to vest certain Land in the Melbourne Harbor Trust Commissioners to dedicate certain other Land as a Public Highway and to amend the Melbourne Harbor Trust Act 1958.

WHEREAS the lands described in the First and Third Schedules are partly unalienated lands of the Crown and partly lands alienated by way of the leases referred to in Part I of the Second Schedule:

AND WHEREAS it is expedient that, while preserving the rights of the lessees under the said leases, the land described in the First Schedule should be vested in the Melbourne Harbor Trust Commissioners for the purposes of the Melbourne Harbor Trust Act 1958:

AND WHEREAS it is expedient that the land described in the Third Schedule should be dedicated to the public as a public highway for the purpose of widening the adjoining highway in accordance with the Coal Canal Bridge Act 1960:

s. 1

In this Act "Commissioners" means the Melbourne Harbor Trust Commissioners.

The leases referred to in Part I of the Second Schedule shall as from the commencement of this Act be deemed to have been granted by the Commissioners and shall operate subject to the amendments set forth in Part II of the Second Schedule.

The land described in the Third Schedule is hereby dedicated to the public as a public highway under the care and management of and shall be maintained by the City of Melbourne.

s. 6

The Registrar of Titles is hereby authorized and directed to make all such entries and alterations upon any lease duplicate lease or other document as may be necessary or expedient in consequence of this Act and the holder of any such duplicate lease or other document shall produce the same to the Registrar of Titles for that purpose.

After paragraph (g) of Part I of the Second Schedule to the Melbourne Harbor Trust Act 1958 there shall be inserted the following paragraph-

"(h) the land described in the First Schedule to the Melbourne Harbor Trust Land Act 1968;".

SCHEDULES

Preamble,

section 3.

FIRST SCHEDULE

Twenty-three acres three roods twenty-four perches, more or less, Parish of Doutta Galla, County of Bourke:

Sch. 1

Commencing at a point on the western boundary of land vested in the Melbourne Harbor Trust Commissioners (described in the Schedule to Act No. 7618), such point bearing 180o 6' 1288/10 links from the north-western angle of that land; bounded thence by the said land bearing 180o 6' 7394/10 links, 270o 6' 182 links, and 180o 6' 3483/10 links; by further land vested in the Melbourne Harbor Trust Commissioners (described in Part 5 of the Third Schedule to Act No. 6871) bearing 219o 40' 7188/10 links and (described in Part I of the Seventh Schedule to Act No. 6871) bearing 309o 40' 257699/10 links; and thence by lines bearing 90o 5' 14442/10 links and 90o 6' 1182 links to the point of commencement.

Preamble,

section 4.

SECOND SCHEDULE

PART I

Crown Leases-

Sch. 2

Volume 1205 Folio 594 with Freighter Industries (Vic.) Proprietary Limited.

Volume 1205 Folio 628 with Dunlop Tyre Service (Melbourne) Pty. Limited (formerly known as National Tyre Service (Melbourne) Pty. Limited).

Volume 1205 Folio 944 with Gibbs Bright and Co. Proprietary Limited.

Volume 1207 Folio 801 with Interport Terminals Pty. Limited (formerly known as G.A.H. Proprietary Limited).

Volume 1207 Folio 297 with Patons Brake Replacements Proprietary Limited.

PART II

Leases referred to in Part I are hereby amended as follows:

"(b) (i) during the succeeding 10 years of the said term the yearly re-appraised rent fixed for that period of 10 years by agreement between the Commissioners and the lessee or in default of agreement by an independent valuer appointed by the Valuer-General;

Sch. 2

there shall be substituted the words "the Commissioners".

4. (1) In the Schedule for the words "Her said Majesty" (where first occurring) there shall be substituted the words "the Commissioners".

Preamble,

section 5.

THIRD SCHEDULE

Three acres one rood thirty-seven perches, more or less, Parish of Doutta Galla, County of Bourke:

Sch. 3

Commencing at a point on the southern alignment of Footscray-road being the north-western angle of land vested in the Melbourne Harbor Trust Commissioners (described in the Schedule to Act No. 7618); bounded thence by that land bearing 180o 6' 1288/10 links; by lines bearing 270o 6' 1182 links and 270o 5' 14442/10 links; by land vested in the Melbourne Harbor Trust Commissioners (described in Part I of the Seventh Schedule to Act No. 6871) bearing 309o 40' 2021/10 links; and thence by Footscray-road bearing

90o 5' 1600 links and 90o 6' 1182 links to the point of commencement.