ALERT DIGEST 13 of 1994

LAND (MISCELLANEOUS MATTERS) AND NATIONAL TENNIS CENTRE (AMENDMENT) BILL

1.1

This Bill was introduced into the Legislative Assembly on 12 October 1994 by The Honourable Geoff Coleman MP with The Honourable Phil Gude MP.

1.2

The purposes of this Act are to:-

• amend the National Tennis Centre Act 1985 to make further provision for national tennis centre land;
• amend the Land (Revocation of Reservations) Act 1994 to continue leases over the Eastern Market Site at Melbourne despite the revocation of the reservation and Crown grant of that land;
• remove several reservations over land including land set aside for the Janefield Colony for the Treatment of Mental Defectives;
• amend the Land (Further Miscellaneous Matters) Act 1994, repeal various other Acts and make other related provisions.

1.3 _¯ Part 2 - National Tennis Centre Land

Clause 3 amends various definitions in the National Tennis Centre Act 1985. Clause 4 inserts new sections 25A, 25B, 25C and 25D into the Act. The new sections provide for land currently owned or occupied by the Public Transport Corporation to be divested from the Corporation revert to the Crown. This will facilitate the enlargement of the National Tennis Centre to complete the Stage 2 development of the Centre. The land reverts to the Crown as unalienated Crown land , freed and discharged from all trusts, limitations, reservations, restrictions encumbrances, charges. leases, licences, estates or interests.

New section 25B provides for further land to be excised from Flinders Park. Similarly, new section 25C and 25D provide for further land to be excised from Yarra Park and the Public Park Reserve.

Clause 5 amends section 26 of the Act which relates to the compensation payable by the Crown. Clause 6 limits the jurisdiction of the Supreme Court of Victoria. This is discussed later at 6.6.

Clause 7 gives the Registrar the power to alter land titles where authorised.

1.4 _¯ Part 3 - Eastern Market Site (Southern Cross Hotel)

Clause 9 ensures that the changes do not affect the lease between the Melbourne City Council and Southern Cross Properties Proprietary Limited over the Eastern market (Southern Cross Hotel) site or any sub-lease which existed over the land at the time of revocation of the reservation and Crown grant in respect of the land.

1.5 _¯ Part 4 - Janefield and other land

Part 4 revokes various reservations of land. The reason for this is to facilitate the sale of the lands or where the reservation is no longer applicable to the current use of the land.

Clause 10 - Janefield land at Bundoora.

The Committee notes the comments in the Second Reading Speech:-

"The Janefield training centre, a facility administered by the Department of Health and Community Services for the care of intellectually disabled people is situated on the site. A number of excisions from the reserve have occurred for various purposes since 1964. The remaining area of the reserve comprises about 154 hectares.........

The Bill provides for revocation of the permanent reservation over the remaining portion of the Janefield colony to facilitate the sale and redevelopment of land for residential purposes as part of the Federal Government's building better cities program. The Bill also revokes the reservation over a narrow strip of adjoining land which is currently managed as part of the Plenty Gorge Park to consolidate the boundaries of the land that is to be redeveloped......

Under the program, the Department of Health and Community Services has developed a disability services strategy which provides for the consolidation of facilities at Janefield to the North-East corner of the site........

It is proposed that an area of about 34 hectares within the Janefield site will continue to be used by the Department of Health and Community Services. Of this area, approximately 11 hectares will be temporarily reserved for use by that department and re-developed for its long term use. The long term use of the remaining area of approximately 23 hectares is under consideration by the Department of Health and Community Services.............."

Clause 11 - Coburg land

The Committee notes the comments in the Second Reading Speech:-

"Clause 11 deals with an area of land reserved for public recreation purposes, located near the corner of Murray and Newlands Roads, Coburg........

The Bill provides for revocation of the reservation to enable sale of the land to the Council to proceed. Following purchase, Council has agreed to retain the land as public open space. This agreement will be formalised by virtue of a section 173 agreement under the Planning and Environment Act 1987 which will be registered on the title to the land."

Clause 12 - Hawthorn land

The Committee notes the comments in the Second Reading Speech:-

"Clause 12 deals with an area of land at Hawthorn reserved for drainage and sanitary purposes. The reserve is vested in the former City of Hawthorn under a Crown grant which restricts the use of the land to drainage and sanitary purposes. The reserve is however unintentionally, but nevertheless illegally occupied by five adjoining land owners in Barton and Lennox Streets, Hawthorn......

It is considered that the most appropriate means of resolving the illegal occupations issue is for the land to be sold to the Council to enable it to deal with all of the illegal occupations along the drainage reserve. The Bill revokes the reservation to facilitate the sale to the Council."

Clause 13 - Mordialloc land

The Committee notes the comments in the Second Reading Speech:-

"Clause 13 deals with the Mordialloc Public Hall and Court House site. The site was reserved by virtue of the Mordialloc Public Hall and Court House Act 1965. That Act facilitated the construction of the hall and Court House in a joint development between the Government and the City of Mordialloc, designed to reduce costs through the sharing of facilities.

The Department of Justice has vacated the building and the land is surplus to Government requirements. The Council of the City of Mordialloc has approached the Government seeking to purchase the land in order to protect its improvements. The Bill revokes the reservation to enable the sale to proceed."

Clause 14 - Nagambie land

The Committee notes the comments in the Second Reading Speech:-

"Clause 14 deals with the Nagambie Golf Course Site. This land is permanently reserved for racing and general recreation purposes. The Nagambie Golf Course is situated on the reserve land on an adjoining area of land held in title by the Nagambie Golf Club whose clubhouse is situated on the permanently reserved land.

The Golf Course is subject to flooding in the winter months and the Club has developed a new golf course on land it has recently purchased nearer to the township of Nagambie. The Club wishes to sell the existing golf course land as a consolidated site. It has therefore been agreed that the reserved land should be sold to the Club. The Bill revokes the permanent reservation over the golf course site to facilitate the sale."

Clause 15 - Beaumaris land

The Committee notes the comments in the Second Reading Speech:-

"Clause 15 deals with a portion of land at Beaumaris, which is part of the Moorabbin Beach Park. The subject land is an area of approximately 2000 M square located on the foreshore at Beaumaris. When this land was reserved for public purposes in 1906, the reservation covered the area between the high and low water mark. The land adjoins an area of unreserved, reclaimed Crown land which has been occupied by the Beaumaris motor yacht squadron under lease since 1959. The landfill which reclaimed this portion of Port Phillip Bay included a portion of the land reserved for a public park.

In order to resolve the issue and to reflect the situation which has existed on the ground for some time, excision of this portion of the public park for inclusion in the leasehold is considered the most appropriate course of action. The Bill therefore revokes the reservation over this portion of the park to facilitate the issue of a new lease which will include this portion of reclaimed land."

Clause 16 - Buninyong land

The Committee notes the comments in the Second Reading Speech:-

"Clause 16 deals with the Buninyong Golf Course Site. The Site is permanently reserved for public recreation purposes and the land is held under lease by the Buninyong Golf Club. The Club wishes to acquire the site and its application is supported by the land manager, the City of Ballarat. The land has been assessed as surplus to Government requirements and the Bill provides for revocation of the permanent reservation to facilitate the sale of the land to the Club. The sale will be subject to a section 173 agreement under the Planning and Environment Act 1987, restricting use of the land to Golf Club purposes."

Clause 17 - Lorne land

The Committee notes the comments in the Second Reading Speech:-

"Clause 17 deals with an area of land which is part of the Lorne public hall and free library reserve. The adjoining property to the North is unreserved Crown land held under licence by the Country Fire Authority. A portion of the Authority's fire station extends over the boundary of the Authority's site and onto the permanent reserve, occupying an area of some 47M square of the reserve.

The Authority has agreed to buy the unreserved land it holds under licence. The Bill provides for excision from the reserve of the portion occupied by the fire station, in order to facilitate sale to the Authority of the entire area it occupies."

Clause 18 - Railways (Thompson River Bridge)

The Committee notes the comments in the Second Reading Speech:-

"Clause 18 amends the Land (Further Miscellaneous Matters) Act 1994 in relation to the Thomson River Bridge. Section 15 of that Act provided for the Thomson River Bridge to be divested from the Shire of Narracan and transferred to the Crown. There was some concern that this provision may have also inadvertently removed the permanent reservation from land beneath the bridge. The Bill therefore substitutes section 15 of that Act to clarify that only the bridge and its supports and approaches are freed of reservations and other encumbrances."

Clause 19 provides that on revocation or discharge of a reservation, the land is deemed to be unalienated land of the Crown freed of encumbrances and the appointment of any committee of management. Any regulations are revoked to the extent that they apply to the land.

1.6 _¯ Variation of section 85 of the Constitution Act1975 (Section 4D(b)(i)(ii) and (iii) of the Parliamentary Committees Act 1968)

Clause 5 amends section 26 of the National Tennis Centre Act 1985 to provides that no compensation is payable by the Crown in respect of anything done or arising out of new sections 25A, 25B, 25C and 25D. Clause 6 declares its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of sections 25A, 25B, 25C, 25D and 26. The Committee notes the comments in the Second Reading Speech:-

"The reason for preventing the Supreme Court from awarding compensation is as follows:

To enable the Crown to change the use or status of land, it is necessary to ensure that the land is no longer subject to any interests or rights arising out of the former use. The existence of these interests and rights and claims for compensation based on them or on the former use of the land could delay or prevent a change in the use or status of the land that is for the benefit of the community as a whole. To facilitate use of the land to which this Part applies, it is also necessary to provide a mechanism to divest and excise land shown on the plans proposed to be inserted in Parts 3 and 4 of the Schedule to the National Tennis Centre Act 1985."

The Committee is has written to the Minister to ensure that there are no legal private interests which are adversely affected before forming a conclusion.

Clause 21 provides that no compensation is payable by the Crown in respect of any thing done under or arising out of this Part. Clause 22 declares its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of this Part. The Committee notes the comments in the Second Reading Speech:-

"The reason for preventing the Supreme Court from awarding compensation is as follows:-

To enable the Crown to change the status of reserved land, it is necessary to ensure that the land is no longer subject to any interests or rights arising out of the former use. The existence of these interests and rights and claims for compensation based on them or on the former use of the land could delay or prevent a change in the use or status of the land that is for the benefit of the community as a whole. To facilitate use of some of the land to which this Bill applies it is also necessary to revoke several Crown grants."

The Committee has written to the Minister to ensure that there are no legal private interests which are adversely affected before forming a conclusion.

UNIVERSITY ACTS (AMENDMENT) BILL

2.1

This Bill was introduced into the Legislative Council on 19 October 1994 on the motion of The Honourable Haddon Storey.

2.2

This Bill makes miscellaneous amendments to the Melbourne University Act 1958, the Royal Melbourne Institute of Technology Act 1992 and the Victoria University of Technology Act 1990. The Committee notes that the amendments are intended to streamline the universities' administration and remove unnecessary constraints on their operations. They are being made as a result of requests from and discussions with the universities concerned.

2.3 _¯ Part 2 - Melbourne University

Clause 4 amends various definitions. Clause 5 repeals the provision which provides that one member of the Council shall be elected by graduate students. Clause 6 deletes the references to the Vice-Principal, a position which no longer exists. Clause 7 provides that any statute made by the Council may provide for the making of regulations. Note that section 17(1) gives the Council the power to make and alter any statutes and regulations with respect to the University.

Clause 8 specifies that the Council has the power to make or alter statutes for the affiliation with other bodies of the affiliation would assist the University in attaining its objects. Clause 9 grants the power to revoke degrees to the Council in prescribed circumstances. Clause 10 amends section 31 to set out the manner and form in which statutes and regulations may be made. Clause 13 sets out the new borrowing powers of the Council.

Clause 16 removes the requirement for the Council to obtain the approval of the Minister and the Treasurer to form and participate in companies and joint ventures. However within 30 days of doing so, the University must notify the Minister of the name of the company or the joint venture and the reasons for its formation or entry into it.

2.4 _¯ Part 3 - Royal Melbourne Institute of Technology

Clause 19 substitutes a new section 7(2) which sets out the composition of the Council. Clause 20 makes provision for more than one person to be appointed as Deputy Chancellor and provides that a member of the staff or an enrolled student is not eligible to be a Deputy Chancellor. Clause 22 provides for the University to obtain financial accommodation or enter into financial arrangements within the meaning of section 3 of the Borrowing and Investment Powers Act 1987. Clause 23 removes the requirements for the Council to obtain the approval of the Minister and the Treasurer to form and be a member of a company. Clause 26 provides for the first appointments to the Council to be in 1996.

2.5 _¯ Part 4 - Victoria University of Technology

Clause 28 amends the objects of the University. Clause 29 amends the composition of the Council. Clause 31 sets out the procedures relating to a quorum of the Council. Clause 33 provides for the University to obtain financial accommodation or enter into financial arrangements. Clause 34 removes the requirements for the Council to obtain the approval of the Minister and the Treasurer to form and be a member of a company. Clause 35 removes references to Royal Melbourne Institute of Technology as an amalgamating institute and the Royal Melbourne Institute of Technology companies. Clause 38 provides for the appointment of members of the Council in 1996.

The Committee makes no further comment.

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