ALERT DIGEST 2 of 1994

Part 2

BORROWING AND INVESTMENT POWERS (FURTHER AMENDMENT) BILL

8.1

This Bill was introduced into the Legislative Assembly on 9 March 1994 by The Honourable Alan Stockdale with The Honourable Ian Smith.

8.2 _Ż Inclusion of statutory corporations

This Bill, in Clause 3, amends the new Schedule 1 to the Borrowing and Investment Powers Act 1987 as proposed to be inserted by the Borrowing and Investment Powers (Amendment) Act 1993 to include certain statutory corporations, namely,

- the Victorian Superannuation Board;

- Electricity Services Victoria;

- Generation Victoria;

- National Electricity;

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

"The Public Sector Superannuation (Administration) Act and the Electricity Industry Act came into operation with the receipt of Royal Assent on 30 November 1993 and 14 December 1993. However, the provisions in the Borrowing and Investment Powers Act were not in operation at the time these Acts became effective. This has resulted in the Victorian Superannuation Board and the three new electricity companies being included in the existing schedules to the Borrowing and Investment Powers Act and not in the revised schedule which is to be substituted when the relevant provisions of the Borrowing and Investment Powers (Amendment) Act becomes effective.

The Borrowing and Investment Powers (Further Amendment) Bill makes provision for the three new electricity companies and the Victorian Superannuation Board to be included in that revised schedule as was originally intended."

The Bill makes other minor consequential amendments. The Committee makes no further comment.

LAND (FURTHER MISCELLANEOUS MATTERS) BILL

9.1

This Bill was introduced into the Legislative Assembly on 9 March 1994 by The Honourable Geoff Coleman with The Honourable Phil Gude.

9.2

This Bill amends various Acts which relate to Crown land and land transactions. More specifically, it provides for: -

the revocation of reservations of land which are described in the Schedules to the Bill;
the surrender of land to the Crown to enable the sale of the land;
the amendment of the Melbourne Lands Act 1987 to correct errors to the Schedule;
the issue of a lease over a small portion of a wildlife reserve for shellgrit extraction purposes;
other enabling provisions with the various land transactions proposed by the Bill;

9.3 _Ż Yarram Memorial Gardens

Part 1 sets out the purposes of the Act, (a) to (f) as described above and the commencement provisions.

Part 2 deals with the revocation of an inappropriate trust for cemetery purposes which exists over the Yarram Memorial Gardens. It provides for the land at Yarram to become unalienated land of the Crown. The Committee notes the comments in the Second Reading Speech that;

"there has been long running uncertainty about the ownership and management of the gardens, which were originally the site of a cemetery held under freehold title by trustees of the Yarram Cemetery Trust.......The issue assumed new urgency in 1992 when the Yarram Bowls Club put forward a proposal to extend its facilities and .....buy the portion of the garden it has occupied for so many years....This Bill resolves the legal status of the gardens by revoking the cemetery trust over the land and making the land unalienated land of the Crown......"

The Committee makes no further comment.

9.4 _Ż Ballarat Land and Wurdi Youang Land

Part 3 deals with the revocation of two permanent water supply reserves, one in Ballarat and the other in Wurdi Youang, near the Youyangs National Park. The Committee notes the comments in the Second Reading Notes;

"The reserve in Ballarat was made in 1886 and is currently occupied by the Ballarat Water Board which is now planning to relocate its operations....The Board and the Department of Finance plan to jointly offer the land for sale by tender......The site in Wurdi-Youang.....was never used for watering purposes. The Land Conservation Council has recommended this area be re-reserved as a bushland reserve.....This Bill revokes the unsuitable permanent reservation for water purposes which will enable the land to be appropriately re-reserved in line with the Land Council's recommendation...."

The Committee makes no further comment.

9.5 _Ż Romsey Park

Part 4 deals with the revocation and re-reservation of Romsey Park at Romsey. The Committee notes the comment in the Second Reading Speech;

"Romsey Park was permanently reserved as a site for a public park in 1883 and temporarily for the same purpose in 1964......Over time the reserve has been extensively developed as a sporting centre....The Bill revokes both the temporary and permanent reservations of Romsey Park and re-reserves the land for public recreation purposes.....The Bill ensures the continuation of the management role of the Committee...."

The Committee makes no further comment.

9.6 _Ż Anglesea Land

Part 5 revokes the reservation made in 1992 as the result of an administrative error over an allotment near Anglesea. The Committee notes the comments in the Second Reading Speech;

"The allotment should not have been reserved as it is situated within the boundaries of an area leased to Alcoa under an agreement made in 1961 for the extraction of brown coal for the production of aluminium....The Bill revokes the permanent reservation over the allotment to correct this error..."

The Committee makes no further comment.

9.7 _Ż Noradjuha Cemetery Land

Part 6 deals with the cemetery at Noradjuha, a small township 23 kilometres south-west of Horsham. The Committee notes the comments in the Second Reading Speech;

"It has recently been discovered that the cemetery is situated on an area of approximately 2 ha of freehold which had been transferred in 1894 to seven persons as trustees. The siting of this cemetery on freehold land is inconsistent with the intention of the Cemeteries Act 1958......To bring the property into line with the requirements of the Cemeteries Act 1958, it is proposed to provide for the surrender of the land to the Crown under the provisions of the Land Act 1958 and subsequently to reserve it under the Crown Land (Reserves) Act 1978 for cemetery purposes......"

The Committee makes no further comment.

9.8 _Ż East Melbourne Public Park Reserve

Part 7 amends the Schedule to the Melbourne Lands Act 1987 to rectify two errors which had been made in the excision of a number of parcels of Crown land from various reserves in East Melbourne, so that the land could be used in connection with the various road works associated with the widening of Punt Road.

The Committee makes no further comment.

9.9 _Ż Cathedral Place Land

Part 8 deals with an allotment in Cathedral Place, East Melbourne which was reserved in September last year for use by the Peter MacCallum Institute. The Committee notes the comments in the Second Reading Notes;

"The Peter MacCallum Cancer Institute does not have sufficient funds to develop such a large allotment.....It is now proposed to redevelop the entire Cathedral Place...to be undertaken by the private sector...The Institute has been consulted and has accepted the proposed revocation, subject to the satisfaction of the Institute's current and future requirements....The Bill ensures the revocation will require the additional approval of the Minister for Health. Revocation will enable the entire Cathedral Place site to be consolidated and vested in, or purchased by, the Urban Land Authority."

The Committee makes no further comment.

9.10 _Ż Lake Victoria Land

Part 9 enables a lease to be issued over a small portion of land of the Lake Victoria Wildlife Reserve at Point Lonsdale, for the purposes of shellgrit extraction. The Committee notes the comments in the Second Reading Notes:

"The company J. McMahon and Sons operates a shellgrit extraction business on private land adjacent to Lake Victoria. The business is facing closure due to the depletion in shellgrit deposits at this site......Lake Victoria presents the best option for securing the long-term survival of the business with minimal environmental impact. Lake Victoria is a site of 140 ha permanently reserved for the management of wildlife......The Bill provides for the issue of a lease over 12 ha of the Lake Victoria Wildlife Reserve to enable the extraction of shellgrit from that area. The Bill provides for conditions to be included in the lease covering the rehabilitation of the lake, preservation of the amenity of the area and payment of royalties for the shellgrit extracted."

The Committee makes no further comment.

9.11 _Ż Thompson River Railway Bridge

Part 10 deals with the land at the Thompson River Railway Bridge at Walhalla. It divests the land from the Narracan Shire Council and deems it to be unalienated land of the Crown. The Committee notes the comments in the Second Reading Speech;

"The Bridge is currently vested in the Shire of Narracan...while the Reserve surrounding the Bridge is managed by the Walhalla Tourist Railway Committee of Management.....The Committee of Management wishes to restore the former Moe-Walhalla and operate tourist trains from Thompson River to Walhalla....Thompson River Bridge requires expensive repairs. To enable the Committee of Management to assume control of the bridge so that repairs can be commenced, it has been agreed with the Shire of Narracan that the bridge should be divested from the control of the Shire and be transferred to the Crown...."

The Committee makes no further comment.

9.12 _Ż Supreme Court - Limitation of Jurisdiction (section 4d(b)(i) and (ii) of the Parliamentary Committees Act 1968)

Clause 20 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 this Act.

This effectively means that actions for compensation cannot be brought in respect of any alterations made to the title of any piece of land dealt with by this Act. In the Second Reading Notes, the Minister States:

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

To enable the Crown to change the use or 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 a Crown Grant to enable the surrender of certain land to the Crown...."

The Committee notes the explanation. The Committee wrote to the Minister to request his advice as to whether he was aware of any rights which may be removed as a result of Clause 20. The Minister responded in a letter which is set out:

"I refer to your letter of 17 March 1994, regarding Clause 20 of the above Bill and the intention of that clause to limit the jurisdiction of the Supreme Court.

The provision referred to is common to all Bills of this type and is required to ensure that no action arises over changes in status of reserved land. I am not aware of any rights which are likely to be infringed by the limitation of the Supreme Court's jurisdiction in this case.

The removal or alteration of permanent reservations of land is a decision which properly rests with Parliament, with any beneficial interests affected taken into account during the development of the legislation. The provision is required to prevent the unnecessary impeding of changes of and status in the courts and is not intended to unduly interfere with the rights of any individual with an interest in the land."

Committee Room
16 March 1994

Last update 23/7/99
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