Melbourne Lands and Market Sites Act 1991

to revoke the reservation and Crown grant of the Western Market Site at Melbourne;

to authorise the sale of those lands;

to amend the Melbourne Market and Park Lands Act 1933 and the Melbourne Market and Park Lands Act 1955;

to make provision for related matters.

Parts 1, 3 and 5 come into operation on the day on which this Act receives the Royal Assent.

Part 2 comes into operation on a day to be proclaimed, being a day after a day on which the Minister certifies by notice published in the Government Gazette that a contract for the sale of some or all of the land to which that Part applies is about to be entered into.

Part 4 comes into operation on a day to be proclaimed, being a day occurring after Part 2 is in operation.

The Order in Council specified in item 1 of Schedule 1 is revoked to the extent that it applies to the land in Folio of the Register Volume 5914 Folio 755.

Folio of the Register Volume 5914 Folio 755 is revoked.

The Minister, on behalf of the Crown, may sell all or any part of the land described in Part III of the Second Schedule to the Melbourne Market and Park Lands Act 1933 to a person or body approved by the Minister.

The sale may be for any consideration or on any other terms and conditions that may be determined by the Minister.

The Minister, on behalf of the Crown, may execute any document or do anything else necessary to give effect to the sale.

The net proceeds of a sale of land under this section (after deducting the costs and expenses of the sale and any amounts payable under any agreement made under this Act in respect of the land sold) must be paid into the Victorian Debt Retirement Fund established under the Victorian Debt Retirement Fund Act 1990.

Subject to this section, on the revocation by this Act of a reservation in respect of land-

the land is deemed to be unalienated land of the Crown, and subject to this Part, is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, charges, leases, licences, estates, interests, taxes and rates;

the appointment of any committee of management is revoked to the extent that it relates to that land;

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

Sub-section (1) does not affect the continuity of any lease existing over any land in respect of which the reservation and Crown grant are revoked by this Act, and on and from the date of that revocation that lease has effect-

as a lease between the Minister as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister; and

as if it referred to the Minister instead of to the lessor (however described).

Sub-section (1) does not affect the continuity of any sub-lease existing over any land in respect of which the reservation and Crown grant are revoked by this Act.

Subject to this section, on a person or body becoming entitled to a Crown grant of land in accordance with the terms and conditions of a sale under this Act, the Governor in Council, on behalf of the Crown, may grant the land to the person or body for an estate in fee simple, subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine.

If at the date of sale of land under this Act any of that land is subject to a lease, then on and from the date of that sale the lease has effect-

as a lease between the purchaser as lessor and the lessee for the time being under the lease, as if it had been assigned to the purchaser; and

as if it referred to the purchaser instead of the lessor (however described).

This Act does not affect the operation of the Historic Buildings Act 1981.

This Act does not affect the continuance of any liability, existing immediately before the revocation by this Act of a reservation or Crown grant of land, in the grantee, lessee or occupier of the land in respect of any tax, rate or charge payable under an Act.

This Act does not affect any proceedings before a Court concerning liability to pay land tax in respect of any land to which this Act applies.

The Minister, on behalf of the Crown, may enter into an agreement with a grantee, lessee or occupier of land in respect of which a reservation or Crown grant is revoked by this Act concerning the use of any proceeds of the sale of the land to discharge the grantee's, lessee's or occupier's liability for taxes, rates or charges in respect of the land.

The Minister on behalf of the Crown, may enter into an agreement with the Council of the City of Melbourne, concerning-

the protection of any public interest or municipal interest in relation to land sold under this Act;

the protection or conservation of land sold under this Act;

the distribution to the Council of any of the proceeds of sale of land sold under this Act.

The Minister may do anything necessary to carry out an agreement under this section.

The Consolidated Fund is, by this sub-section, appropriated to the extent necessary to make any payment out of the proceeds of sale of land sold under this Act, being a payment made in accordance with an agreement under this section.

The Registrar-General must make all entries on the records of enrolment of any Crown Grant and on any memorial relating to land that are necessary because of the operation of any provision of this Act.

The Registrar of Titles must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of any provision of this Act.

If at the date of commencement of this Act, section 7 of the Transfer of Land (Computer Register) Act 1989 is not in operation, then until that section comes into operation, sub-section (2) of this section has effect as if it reads as follows: