Footscray Land (Amendment) Bill
EXPLANATORY MEMORANDUM
Clause 1 states the purpose of the Act.
Clause 2 provides for the Act to come into operation on a day or days to be proclaimed.
Clause 3 states that the Footscray Land Act 1988 is the Principal Act.
Clause 4 inserts a new definition in the Principal Act. The definition identifies a plan of
than part of the Maribyrnong River which is to be divested froam the Melbourne and
Metropolitan Board of Works and become permanently reserved for public recreation and
tourism.
Clause 5 substitutes a new section 7 in the Principal Act.
Section 7 of the Prinicipal Act has not been brought into operation. The substitute
section 7 provides for a change from temporary reserve for public recreation and
tourism purposes to creation of a permanent reserve for those purposes over certain
land at Footscray.
The clause extends the former proposed boundary of the reserve 15 metres into the
Maribyrnong River.
Clause 6
The effect of this clause is that it changes the temporary reserve for public recreation
and tourism of a narrow strip of land adjoining the Maribyrnong River at Footscray to a
permanent reserve.
Clause 7 repeals section 9 (2) of the Principal Act. This removes the restriction that the
proportion of 20% of the reserve for public recreation and tourism to which access by the
public is restricted is not more than 20 per centum. This restriction is now covered in
Clause 8 of this Bill.
Clause 8 substitutes a new section 10 in the Principal Act to give the power to grant
leases up to 99 years over the reserve for public recreation and tourism to the Minister. The
existing provision in the Act empowered the municipality of the city of Footscray as
committee of management of the reserve to grant leases for up to 21 years.
The clause also provides that in granting leases the Minister must ensure that the
proportion of the reserve to which access by the public is restricted is not more than
20%.
It also removes the usual obligation ofa proposed lessee of Crown land under section
137 of the LandAct 1958 to give notice in the Government Gazette in a local newspaper
of details relating to a proposed lease and removes the power under section 137AB of
that Act for the Minister to re-appraise rentals at three yearly intervals.
Clause 9 is another amendment to change power to temporarily reserve land for public
recreation and tourism to power to permanently, in this case the land being a portion of
railway line vested in the State Transport Authority.
Clause 10 inserts new sections 13, 13A and 13B in the Principal Act. New section 13
divests a 15 metre strip of the Maribyrnong River from the Melbourne and Metropolitan
Board of Works but retains authority for the Board to carry out its water management
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functions under Parts X and XI of the Melbourne and Metropolitan Board of Works Act
1958.
Section 13A provides power for the MMBW to exercise its water management
functions over any part of the public recreation and tourism reserve which becomes
covered with water as proposed in the development project.
Clause 11 alows the City of Footscray or any person authorised by it for purposes
connected with the development project to enter onto 15 metre strip of the Maribyrnong
River added to the public recreation and tourism reserve.
Clause 12 inserts a new section 16A in the Principal Act to allow development rights for
the development project to be transferred before completion of works only if such transfer
is approved by the Minister.
The clause also inserts a new section 16B in the Principal Act which provides that
where the Minister considers that no works under the development agreement will take
place on the public recreation and tourism reserve or that those works will not be
completed, the land divested from the Melbourne and Metropolitan Board of Works by
the Principal Act re-vested in that Board.
Sub-clause (4) makes the consequential amendments to the Melbourne and
Metropolitan Board of Works Act 1958 which would be necessary if re-vesting occurs.
Clause 13 makes the consequential amendments of the Melbourne and Metropolitan
Board of Works Act 1958 necessary as a result of divesting of the 15 metre strip of the
Maribyrnong River. •
By Authority Jean Gordon Government Printer Melbourne
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