Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
3
2
Purpose
Commencement
Definitions
2
2
2
PART 2—REVOCATION OF RESERVATIONS FOR ROYAL
CHILDREN'S HOSPITAL PROJECT
4
5
6
Revocation of reservations—excised land
Consequences of revoking reservations
Registrar of Titles to make necessary amendments
PART 3—NEW HOSPITAL SITE AND RE-RESERVATION OF
SURPLUS PROJECT LAND
7
8
9
10
11
12
Declaration of project completion
Plan of survey—new Hospital site
Minister to prepare plan of surplus project land
New Hospital site and Royal Park land
Leases to continue despite revocation of reservations
Registrar of Titles to make necessary amendments
PART 4—LAND MANAGEMENT
13
14
15
4
4
4
4
5
5
5
6
6
9
9
10
Application
Power to enter into leases
Power to grant licences over land
__________________
10
10
11
SCHEDULES
12
SCHEDULE 1—Land in respect of which Reservations are Revoked
12
SCHEDULE 2—Plan of Excised Land
13
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ENDNOTES
14
i
Victoria
Royal Children's Hospital (Land) Act
2007†
No. 48 of 2007
[Assented to 25 September 2007]
Preamble
The current site of the Royal Children's Hospital is
on land which is temporarily reserved as a site for
the Children's Hospital and the Hospital has
occupied this site since 1963.
As the current design of the Hospital is no longer
consistent with its status as a world class paediatric
hospital, the development of a new Royal
Children's Hospital on a site in Royal Park to the
north-west of the current Hospital is proposed.
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Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Part 1—Preliminary
s. 1
To facilitate this development, it is necessary to
revoke part of the reservations over certain land,
provide for the re-reservation of that land and the
majority of the old Hospital site on completion of
the project and for the management of the land
comprising the new site.
The Parliament of Victoria therefore enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is to provide for—
(a) the revocation of part of the reservation of
Royal Park to provide for a new site for the
construction of a new Royal Children's
Hospital;
(b) the re-reservation of that land and the
majority of the old Hospital site;
(c) leasing and licensing arrangements.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2009, it comes into
operation on that day.
3 Definitions
In this Act—
declaration of project completion means a
declaration under section 7;
excised land means the land shown hatched and
cross-hatched on the plan in Schedule 2;
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Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Part 1—Preliminary
new Hospital site means the land shown on the
plan of survey prepared under section 8;
old Hospital site means the land temporarily
reserved as a Site for the Children's Hospital
by Order in Council dated 21 March 1950,
published in the Government Gazette dated
29 March 1950 at page 1743;
project land means—
(a) the excised land; and
(b) the old Hospital site;
surplus project land means the land shown on the
plan of survey prepared under section 9.
__________________
3
s. 3
Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
s. 4
Part 2—Revocation of Reservations for Royal Children's Hospital Project
PART 2—REVOCATION OF RESERVATIONS FOR ROYAL
CHILDREN'S HOSPITAL PROJECT
4 Revocation of reservations—excised land
(1) The Order in Council specified in item 1 of
Schedule 1 is revoked to the extent that it applies
to the land shown hatched on the plan in
Schedule 2.
(2) The Order in Council specified in item 2 of
Schedule 1 is revoked to the extent that it applies
to the land shown cross-hatched on the plan in
Schedule 2.
5 Consequences of revoking reservations
On the revocation of a reservation of land under
this Part—
(a) that land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land.
6 Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings
in or amendments to the Register under the
Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Part.
__________________
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Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Part 3—New Hospital Site and Re-reservation of Surplus Project land
PART 3—NEW HOSPITAL SITE AND RE-RESERVATION OF
SURPLUS PROJECT LAND
7 Declaration of project completion
(1) The Minister administering the Health Services
Act 1988 must make a declaration of project
completion on being satisfied that—
(a) the construction of the buildings comprising
the new Royal Children's Hospital is
complete; and
(b) the buildings comprising the former Royal
Children's Hospital on the old Hospital site
which are not part of the new Royal
Children's Hospital are no longer needed and
have been demolished.
(2) A declaration of project completion—
(a) must be published in the Government
Gazette; and
(b) takes effect on the date of that publication or
such later date as is specified in the
declaration.
8 Plan of survey—new Hospital site
(1) After publication of the declaration of project
completion, the Minister administering the Health
Services Act 1988 must—
(a) cause a plan of survey to be prepared by the
Surveyor-General showing the final
boundaries of the new Hospital site; and
(b) ensure that—
(i) the total area of the land shown as the
new Hospital site in the plan of survey
is less than 41 hectares; and
5
s. 7
Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
s. 9
Part 3—New Hospital Site and Re-reservation of Surplus Project land
(ii) the land shown in the plan of survey
does not include any land that is not
part of the project land.
(2) On receiving a plan of survey of the new Hospital
site signed by the Surveyor-General which
complies with subsection (1)(b), the Minister
administering the Health Services Act 1988 must
refer the plan of survey to the Minister
administering this Act for approval.
(3) The Minister must not approve the plan of survey
referred to him or her under subsection (2) unless
satisfied that—
(a) the total area of the land shown as the new
Hospital site in the plan of survey is less than
41 hectares; and
(b) the land shown in the plan of survey does not
include any land that is not part of the project
land.
9 Minister to prepare plan of surplus project land
After approving the plan of survey of the new
Hospital site under section 8(3), the Minister
administering this Act must cause a plan of survey
to be prepared by the Surveyor-General showing
the project land which is not part of the new
Hospital site.
10 New Hospital site and Royal Park land
(1) After the approval of the plan of survey of the
new Hospital site and the preparation of the plan
of survey of the surplus project land, the Minister
administering this Act must recommend to the
Governor in Council that an Order be made under
this section in respect of the land shown in those
plans of survey.
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Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Part 3—New Hospital Site and Re-reservation of Surplus Project land
(2) On the recommendation of the Minister under
subsection (1), the Governor in Council, by Order
published in the Government Gazette, may make
an Order in respect of the land shown in those
plans of survey—
(a) reserving the new Hospital site for hospital
purposes; and
(b) reserving the surplus project land as a public
park to form part of Royal Park.
(3) On the publication of an Order under this section
in respect of the new Hospital site—
(a) subject to paragraph (d), that land is deemed
to be unalienated land of the Crown, freed
and discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land; and
(d) that land is deemed to be temporarily
reserved under section 4(1) of the Crown
Land (Reserves) Act 1978 for hospital
purposes; and
(e) the Royal Children's Hospital, being a public
health service incorporated under section
65P of the Health Services Act 1988, is
deemed to be the committee of management
of that land appointed under the Crown
Land (Reserves) Act 1978.
7
s. 10
Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
s. 10
Part 3—New Hospital Site and Re-reservation of Surplus Project land
(4) On the publication of an Order under this section
in respect of the surplus project land—
(a) subject to paragraph (d), that land is deemed
to be unalienated land of the Crown, freed
and discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land; and
(d) that land is deemed to be permanently
reserved under section 4(1) of the Crown
Land (Reserves) Act 1978 as a public park
and to form part of Royal Park; and
(e) the Melbourne City Council is deemed to be
the committee of management of that land
appointed under the Crown Land
(Reserves) Act 1978.
(5) An Order published in the Government Gazette
under this section must include—
(a) a copy of—
(i) the approved plan of survey of the new
Hospital site; and
(ii) the plan of survey of the surplus project
land; or
(b) if it is not practical to publish either or both
plans of survey due to size, complexity or
other technical matters, reference to the plan
or plans lodged in the Central Plan Office in
the Department of Sustainability and
Environment.
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Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Part 3—New Hospital Site and Re-reservation of Surplus Project land
11 Leases to continue despite revocation of reservations
(1) Nothing in section 10 affects the status or
continuity of any lease of any land which forms
part of the new Hospital site if that lease was
entered into after the commencement of Part 2 and
is in existence immediately before the land is
reserved by an Order under that section.
(2) Nothing in section 10 affects the status or
continuity of any lease of any land which forms
part of the old Hospital site in existence
immediately before the land is reserved by an
Order under that section.
(3) In this section lease includes an agreement,
licence, option to renew or other interest arising
under or in relation to a lease (whether or not the
lease has expired) and an interest in the nature of a
lease.
12 Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings
in or amendments to the Register under the
Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Part.
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9
s. 11
Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
s. 13
Part 4—Land Management
PART 4—LAND MANAGEMENT
13 Application
(1) This Part has effect despite anything to the
contrary in the Land Act 1958 and the Crown
Land (Reserves) Act 1978.
(2) The powers of the committee of management of
the new Hospital site under this Part are in
addition to, and do not limit, the powers of that
committee of management as a committee of
management under the Crown Land (Reserves)
Act 1978.
14 Power to enter into leases
(1) Subject to the written approval of the Minister, the
committee of management of the new Hospital
site may grant a lease of the new Hospital site or
any part of the new Hospital site.
(2) The Minister must not approve a lease under this
section unless he or she is satisfied that the
purpose for which the lease is to be granted is not
inconsistent with the purposes for which the land
is reserved.
(3) A lease granted under this section may be for a
term not exceeding 30 years.
(4) A lease granted under this section—
(a) may contain options for the lessee to renew
the lease for a further term or terms, but the
aggregate of the original term and the further
term or terms must not exceed 30 years; and
(b) may contain provision for a lessee to remain
in occupation of the land under the same
terms and conditions as existed under the
lease, at the discretion of the lessor, for a
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Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Part 4—Land Management
period of not more than 3 months from the
expiry of the lease; and
(c) is subject to any covenants, exceptions,
reservations and conditions that are
determined by the committee of management
of the new Hospital site and approved in
writing by the Minister.
15 Power to grant licences over land
(1) Subject to the written approval of the Minister, the
committee of management of the new Hospital
site may grant a licence to enter and use any part
of the new Hospital site.
(2) The Minister must not approve a licence under
this section unless he or she is satisfied that the
purpose for which the licence is to be granted is
not inconsistent with the purposes for which the
land is reserved.
(3) A licence granted under this section—
(a) may be for a period not exceeding 30 years;
and
(b) is subject to the terms and conditions
determined by the committee of management
of the new Hospital site and approved in
writing by the Minister.
__________________
11
s. 15
Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Sch. 1
SCHEDULES
SCHEDULE 1
Section 4
LAND IN RESPECT OF WHICH RESERVATIONS ARE
REVOKED
Item 1—Royal Park 1876
Situation of land:
City of Melbourne, Parish of Jika
Jika, County of Bourke, being part
of Royal Park.
Instrument and date of reservation:
Order in Council dated
20 November 1876, published in
the Government Gazette dated
24 November 1876, page 2158.
Description of land by reference to
Government Gazette:
Government Gazette dated
20 October 1876, page 1934.
Purpose of reservation:
Site for a Public Park.
Extent of revocation:
The land shown hatched on the plan
in Schedule 2.
Item 2—Land Adjoining Royal Park (1882)
Situation of land:
City of Melbourne, Parish of Jika
Jika, County of Bourke.
Instrument and date of reservation:
Order in Council dated 18 April
1882, published in the Government
Gazette dated 20 April 1882,
page 904.
Description of land by reference to
Government Gazette:
Government Gazette dated
24 February 1882, page 510.
Purpose of reservation:
Site for Public Park.
Extent of revocation:
The land shown cross-hatched on
the plan in Schedule 2.
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12
Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Sch. 2
SCHEDULE 2
Sections 3, 4
PLAN OF EXCISED LAND
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13
Royal Children's Hospital (Land) Act 2007
No. 48 of 2007
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 19 July 2007
Legislative Council: 23 August 2007
The long title for the Bill for this Act was "A Bill for an Act to provide
for the revocation of part of the reservation of Royal Park to provide for a
new site for the construction of a new Royal Children's Hospital, to
provide for the re-reservation of that and other land, to provide for leasing
and licensing arrangements over certain land and for other purposes."
14