Wednesday, 15 November 2023
Bills
Land (Revocation of Reservations) Bill 2023
Land (Revocation of Reservations) Bill 2023
Statement of compatibility
Steve DIMOPOULOS (Oakleigh – Minister for Environment, Minister for Tourism, Sport and Major Events, Minister for Outdoor Recreation) (11:45): In accordance with the Charter of Human Rights and Responsibilities Act 2006 I table a statement of compatibility in relation to the Land (Revocation of Reservations) Bill 2023.
Opening paragraphs
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Land (Revocation of Reservations) Bill 2023.
In my opinion, the Land (Revocation of Reservations) Bill 2023, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.
Overview
The Bill provides for the revocation of 13 Crown land reservations and the revocation of six restricted Crown grants which will enable appropriate management and future use and development of the relevant land as well as provide certainty to communities and affected stakeholders.
Human Rights Issues
Section 20 – Property rights
Section 20 of the Charter provides that a person must not be deprived of that person’s property other than in accordance with law.
Clauses 4, 8, 12, 17, 20, 22, 25, 29, 31 and 34 of the Bill provide that, on revocation of the respective reservations, the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. These provisions could also be perceived to operate to deprive persons of proprietary rights that are held in relation to the land subject of these clauses.
However, the provisions are not intended to abolish known rights, but, rather, give land the requisite characteristics of unalienated Crown land. There are known lease or licence rights in relation to the land to which clauses 7, 24 and 34 apply. In relation to 7 and 24, these are held by bodies corporate (to which the Charter does not apply) and, in any case, are preserved by clauses 9 and 26 of the Bill.
In relation to clause 34, licence rights are held by several existing private occupants of the land, some of whom occupy the properties under licence arrangements with the Minister responsible for administering the Land Act 1958, under section 138 of that Act, while others occupy without any arrangements in place and have no recognised legal rights. The existing licences do not refer to the correct Crown Allotments. As such, existing licences will not be saved under the Bill and will instead be reissued by the Minister upon the commencement of Part 10 of the Bill.
Currently, the occupiers of these Allotments cannot sell the properties and, in some cases, cannot obtain insurance. In this case the proposal promotes section 20, as the land over which the permanent reservation is proposed to be revoked will facilitate the potential sale to the existing occupants. The proposal under Part 4 also promotes section 20, as it will facilitate the potential sale of the land to the adjoining private landowner.
For these reasons, I consider the Bill to be compatible with the right to property protected under section 20 of the Charter.
Hon Steve Dimopoulos
Minister for Environment
Second reading
That this bill be now read a second time.
I ask that my second-reading speech be incorporated into Hansard.
Incorporated speech as follows:
The proposed Bill will revoke the permanent reservations at 13 locations across Victoria as well as 6 corresponding restricted Crown grants. The Bill will also repeal the related Part 4 of the Land (Reservations and Other Matters) Act 1999. All the relevant areas are less than 6 hectares in size, other than the site at Toolangi (105 hectares).
In Victoria, Crown land can be reserved either temporarily or permanently. While temporarily reserved land may be revoked through an administrative process, permanent reservations may only be revoked by an Act of Parliament. Acts which revoke permanent reservations are a normal part of government business, and Parliament has passed many such Acts over the years.
The Bill will facilitate new management arrangements and the future use and development of the relevant areas of land. Future uses may include re-reservation in some cases, continued use by existing occupiers, and potential sale and development. It is important to note that the sale of Crown land in Victoria is subject to a range of Victorian Government legislative and policy requirements, including the Strategic Crown Land Assessment Policy, the Land Transactions Policy and the Landholding Policy and Guidelines. Additionally, any sale process must adhere to obligations under the Native Title Act 1993 (Cth) and under relevant agreements made under the Traditional Owner Settlement Act 2010.
I will now describe aspects of the various revocations.
Victoria Park Lake, Shepparton
The Bill will revoke part of the permanent reservation at Victoria Park Lake, Shepparton. Victoria Park Lake is permanently reserved for the purpose of public park, and the Greater Shepparton City Council (the Council) is the reserve’s committee of management.
Situated at the southern end of the reserve (as well as on land owned by the Council) is a caravan park which the Council has operated for more than 60 years. The Council has advised the Department of Energy, Environment and Climate Action (DEECA) that it wishes to purchase the Crown land portion of the caravan park so that it can be refurbished to cater for increased tourism in the Shepparton area.
Because any sale is likely to take at least 12 months after the permanent reserve is revoked, the Bill will temporarily reserve the land for public purposes under the Crown Land (Reserves) Act 1978 and the Council will continue as the land’s committee of management, pending any sale.
Former Potato Research Station, Toolangi
The Bill will revoke the reservation of land permanently reserved as a site for agricultural research purposes which comprised part of the former Toolangi Potato Research Station, north of Healesville.
The research station was established by the former Department of Agriculture in the 1950s over part of the Yarra State Forest. Parts of the research station were cleared and used for agricultural purposes under the management of the Department of Agriculture and its successor agencies. In 2008, the Minister for Agriculture announced the closure of the research station and, in 2012, uncleared areas were excised from the permanent reserve under the Land (Revocation of Reservations) Act 2012 and then subsequently reserved as State forest.
The Bill will revoke the remaining permanent reservation, and future uses for the site will be explored further after this occurs, including potential sale of the land.
The Bill will also save a 21-year lease granted in 2010 to the Victorian Strawberry Industry Certification Authority and the Victorian Seed Potato Authority under the Crown Land (Reserves) Act.
Merriman Creek, Seaspray
The Bill will revoke a small area of land permanently reserved as a site for public purposes along the banks of Merriman Creek, Seaspray. Due to a survey error, part of a house is located on the permanently reserved water frontage. Following revocation of the permanent reservation and the necessary due diligence processes associated with the sale of Crown land, it is proposed the land would be sold to the adjoining landowner.
Former Mechanics Institutes Reserves
The Bill will revoke 5 redundant permanent reservations for Mechanics Institutes at 4 locations in eastern Victoria as well as a site in the west: at Haunted Stream (south of Swifts Creek and which adjoins reserved forest), Narracan, Darlimurla and Mirboo in South Gippsland, and at Wombelano in the Wimmera. In all cases, the mechanics institutes have not functioned for many years, there are no buildings or structures on the reserves, and the land is now used for a range of purposes including a pine plantation, grazing or as part of a surrounding State forest.
The areas at Haunted Stream and Wombelano are permanently reserved for the purpose of a ‘Mechanics Institute’ whereas the reserves at Narracan, Darlimurla and Mirboo are reserved for the purposes of a ‘Mechanics Institute and Free Library’. The lands were reserved between 1888 and 1906 and, in each case, a restricted Crown grant was issued following reservation to trustees for the same purpose as the reservation. In the case of Wombelano, the trustees surrendered the Crown grant in 1960. The Bill will revoke the remaining restricted Crown grants associated with these reservations.
Following revocation of the permanent reservations and restricted Crown grants, and the necessary processes associated with the sale of Crown land being completed, the land at Narracan, Darlimurla, Mirboo and Wombelano will likely be sold. In the case of the Haunted Stream site, the Bill will provide that the land is taken to be dedicated as reserved forest under section 42 of the Forests Act 1958.
Port of Geelong
The Bill will revoke a redundant permanent reservation at the Port of Geelong. The land is part of the permanent public purposes reserve created along the shores of Port Phillip Bay and Corio Bay in 1873. Part of the land also holds the status as government road controlled by the City of Greater Geelong under the Local Government Act 1989.
Progressive reclamation works since the late 19th century have significantly altered the position of the Corio Bay foreshore within the Port of Geelong to the extent that the southern section of the reserve is now located hundreds of metres inland, dissecting the freehold land owned by Geelong Port Pty Ltd and impeding future development of the port.
Following revocation of the permanent reservation where it is now well inland, it is proposed that part of the land would be sold to Geelong Port Pty Ltd. The remaining land will continue as a government road.
Borough Chambers Reserve, Clunes
The Bill will revoke part of a permanent reservation for the purposes of ‘Borough Chambers at Clunes’ that Wesley College, Melbourne currently leases for a residential college. The Bill will save the lease granted to Wesley College, which commenced on 1 July 2023, with a 5 year term.
Alexandra Park, Melbourne
The Bill will revoke the reservation over a small area of Alexandra Park on the banks of the Yarra River in South Yarra which is permanently reserved for public recreation purposes, and also the associated restricted Crown grant issued to the former Board of Land and Works (now the Minister for Environment) and the City of Melbourne for the purposes of the reservation (to the extent that it applies to the area of the reservation being revoked). This will allow the legal status of the land to reflect its current use as part of the Swan Street Bridge.
Upgrades to the Swan Street Bridge to alleviate congestion and increase pedestrian and cyclist capacity as well as improve road safety in the area were completed in September 2018. The works resulted in a very small section of the permanent reservation forming Alexandra Park being incorporated into the structure of the Swan Street Bridge. Following revocation of the relevant area of the permanent reservation, the subject land will be proclaimed as a government road through a separate administrative process.
Melbourne City Baths
The Bill will revoke the permanent reservation for public baths and wash-houses over a very small area of the Melbourne City Baths Reserve and also the restricted Crown grant issued to the City of Melbourne as trustee for the same purpose as the permanent reservation (to the extent that it applies to the area of the reservation being revoked). This will allow the legal status of the land to reflect its long-term use as a government road.
The Melbourne City Baths are located on a triangular site between Swanston, Victoria, and Franklin Streets. According to the City of Melbourne, the relevant area located on the corner of Swanston and Franklin Streets has, since the time of the land’s reservation in 1878, been used as a road and has never been used for its reserved purpose.
Once the permanent reservation and restricted Crown grant are revoked (as they relate to the relevant area), the land will be proclaimed as a government road through a separate administrative process.
Stringers Creek, Walhalla
The Bill will revoke the reservation over certain land permanently reserved as a site for public purposes along the banks of Stringers Creek, Walhalla. The Bill will also repeal Part 4 of the Land (Reservations and Other Matters) Act 1999, which applies to land at Walhalla.
The revocation relates to several dwellings along the creek, together with sections of roads providing access to those properties and to Walhalla. The reservation occurred in 1881 as part of a broader reservation applying to hundreds of waterways around Victoria. At that time, dwellings had already been built along Stringers Creek without freehold title, associated with the goldrush at Walhalla.
This is an unsatisfactory arrangement for current occupants. To resolve this, following the revocation of the relevant parts of the reservation and following completion of the necessary due diligence processes associated with the sale of Crown land, it is proposed that the occupied land would be sold to the occupants.
Part 4 of the Land (Reservation and other Matters) Act 1999 established a process to remove the relevant sections of the occupied permanent reservation following a survey of the entire length of Stringers Creek through Walhalla (approximately 2 kilometres). This survey was never completed due to the challenging nature of the topography. Because the Bill will revoke the permanent reservation of the areas currently subject to occupation, together with the roads providing access to those properties, Part 4 of the Land (Reservation and other Matters) Act 1999 is redundant and will be repealed.
Conclusion
The Bill, through the revocation of 13 permanent reservations and 6 restricted Crown grants, will enable appropriate use of the relevant land, providing certainty to communities and affected individuals.
I commend the Bill to the house.
James NEWBURY (Brighton) (11:46): I move:
That the debate be adjourned.
Motion agreed to and debate adjourned.
Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 29 November.