(52
24 GEO. V.]
Shrine of Remembrance Site.
[No. 4130
No. .4130.
A n Act to provide for the Permanent Reservation
of certain Land in the City of Melbourne as
a Site for a Monument known as the Shrine
of Remembrance and the Grant of the said
Land to Trustees and for other purposes.
[25/A September,
1933.]
preamble.
T T T H E R E A S by an Order in Council dated the twentynt
^eirio"u
W
ninth day of September One thousand eight
187:!
r.InT' ' hundred and seventy-three the hind described in the First
i lint schedule. Schedule to tliis Act was permanently reserved as a site for
see duremmfut a public park jiiid gardens : And whereas by an Order in
lVeeenViier/i'.n-j, Council dated the second day of December One thousand
p. r.IK*.).
nine hundred and twelve the land described in the Second
Second
Schedule.
Schedule to this Act was permanently reserved as <\ site for
SffOwriwciii a public park and gardens: And whereas by an Order in
ararriiViMi, Council dated the twenty-fourth day of February One
thousand nine hundred and thirty-one the land described
Third sri.pdi.ic. j n £]1C Third Schedule to this Act was permanently reserved
as an extension of a site for public park and gardens : And
whereas a monument known as the Shrine of Remembrance
(hereinafter referred to as the "said monument") has
under the supervision of a body known as the National
War Memorial Committee been erected upon portion of the
T ]
l°" [ \
land described in the Fourth Schedule to this Act by a grateful
Schedule.
./
*J
people to the honoured memory of the men and women who
served the Empire in the greal, war of 11)14 1918 : And
whereas the said monument is not wholly completed :
And whereas it is expedient to make provision as hereinafter
enacted with respect to the completion care management
maintenance and preservation of the said monument and with
respect to certain other matters in relation thereto: And
whereas it is expedient to provide for setting apart the hind
described in the said Fourth Schedule (bein<>' the land upon
which the said monument has been erected together with
certain land adjacent thereto) as a site for the said monument
and for vesting the same in trustees as hereinafter provided :
And whereas the land described in the said Fourth Schedule
comprises the land described in the said Second and Third
Schedules and so much of the land described in the said
J itii. schedule. First Schedule as is described in the Fifth Schedule to this
Act:
24 GEO. V.]
Shrine of Remembrance Site.
[No. 4130
63
Act: And whereas in order to carry into effect the purposes
aforesaid it is expedient that the said Order in Council dated
the twenty-ninth day of September One thousand eight
hundred and seventy-three so far as tlie same relates to the
land described in tlie said Fifth Schedule should be revoked,
and that the said Orders in Council darted the second day of •
.December One thousand nine hundred and twelve and the
twenty-fourth day of February One thousand nine hundred
and thirty-one relating respectively to the hinds described in
the said Second and Third Schedules should be revoked : Be
it therefore enacted by the King's Most Excellent Majesty
by and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say) :—
1 . This Act may be cited as the Shrine of Remembrance short title.
Site Ad, 1933.
2- In this Act unless inconsistent with the context or interpretation,
sub j ect -matter—
" S c h e d u l e " means Schedule to this Act.
"Schedule."
3 . (1) So far only as relates to tlie land described in the Revocation of
rvf,i
\
l
I
I
I
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I r\
I
•
n
*i
r Order in Council
hilth hohedule the herembclore recited Order m Council ot
the twenty-ninth day of September One thousand eight
hundred and seventy-three relating to the land described in
-i
i-r
, r,
1
1
I
• ' 1
1
1
1
the
hirst
Schedule
is
lierebv
revoked.
(-) The Orders in Council of the second day of December
One thousand nine hundred and twelve and the twentyfourth day of February One thousand nine hundred and
thirtv-one relating respectively to the lands described in the
Second and Third Schedules are hereby revoked.
reserving land
V\T&\.schedule
^merelates
describedin
t h e I'iffh
|{0VO{;.Ujon of
!SH"
J^I^J'" 13
K"'"1 ,U1<I
schedules.
, 0
,an<1
I,audit described
(3) Tlie lands described in the Second Third and Fifth Third nn<i Fifth
Schedules sha.ll be deemed to be and mav be dealt with as deemed t'o be
V
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11
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r\
''
unalienated
liiiid
of t h e
Crown.
I'.xisl.inu riidits
easements Ave.
in respect of
any port ion of
lauds described
in Second,
Third or fifth
Schedules
heretofore
formed or used
as a road or
pathway to
unalienated land or the Crown.
(4) All rights easements or privileges, existing or claimed
either in the public or by any body or person whatsoever or
whomsoever as incident to any past dedication or supposed
dedication or by any past user or by any fiction of law, in
respect of any portion of the lands described in the Second
Third or Fifth Schedules heretofore formed or used as a
road or pathway, shall cease and determine.
determine
4. The
64
24 GEO. V.]
l*rovision for
permanent
reservation and
Crown grant
of land
described In
Fourth Schedule
as a site for
the Shrine of
Remembrance.
4 . The Governor in Council may in accordance with
the provisions of the Land Acts permanently reserve the
land described in the Fourth Schedule as a site for a
monument known as the Shrine of Remembrance and may
in the name and on behalf of His Majesty grant the same
to the body hereinafter mentioned as trustees of the said
site for the aforesaid purpose subject to such conditions
exceptions and reservations as the Governor in Council
directs.
Trustees.
5 . (1) The trustees of the said site (hereinafter referred to
as " t h e trustees") shall consist of—
(a) three trustees ex officio, namely :—the persons for
the time being respectively holding the offices of
Commissi on or of Crown .Lands and Survey,
Director of .Finance for the State of Victoria and
Lord Mayor of .Melbourne ; and
(b) not more than seven other persons appointed by
the Governor in Council.
Trustees to bo
a body
corporato
under the
name of the
Shrine of
Iteniembranco
Trusters.
(2) The trustees shall be a body corporate under the
name of the "Shrine of Remembrance Trustees" and shall
have perpetual succession and a common seal and be capable
in law of suing and being sued.
Proceedings of
trustccs.
Fourth
Schedule.
6. (1) Subject to any provision which may be made in the
Crown grant of the land described in the Fourth Schedule
the trustees shall regulate their own proceedings.
(2) If any of the trustees (other than a trustee ex officio)—
(a) dies or resigns his office by writing under his hand
addressed to the Governor in Council; or
(b) is absent from three consecutive meetings of the
trustees except with leave granted by the
trustees—
his office shall thereupon become vacant, and the Governor
in Council may appoint a person to take the place of the
trustee whose office has become vacant.
Vacancies.
Powers and
duties of
trustees.
Fourth
Schedule.
Shrine of Remembrance Site.
[No. 4130
7 . (1) The t r u s t e e s fa) shall be responsible for the completion care management maintenance and preservation of the said
monument and (subject to the provisions of
any Act hereafter enacted) for the care management maintenance and improvement of the land
described in the Fourth Schedule ;
(o) may
24 GEO. V.]
Shrine of Remembrance Site.
[No. 4130
65
(b). may to the exclusion of all other bodies or persons—
(i) provide and. sell ; and
(ii) authorize the manufacture printing publish in <»' and sale of—replicas photographs booklets pamphlets and other
like matte] 1 relating to the said monument; and
(c) receive moneys by way of—(i) collections or donations ;
(ii) proceeds of sales by the trustees of such
replicas photographs booklets pamphlets
and other like matter ; or
(iii) fees for authorities granted by the trustees
for the manufacture printing publishing
and sale of such replicas photographs
booklets pamphlets and other like
matter—for the funds of the trustees.
(2) Any funds of the trustees provided pursuant to the rands of
trustOPS
provisions of this Act or any Act hereafter enacted shall
be available only for the purposes of carrying into effect
the provisions of this Act.
8- Any person who except with the authority in writing penalty for
<1
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J
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1 V
1
11
manufacturing,
... the trustees manufactures prints publishes or sells or
authorizes the manufacture printing publishing or sale of
any such replicas photographs booklets pamphlets or other
like matter relating to the said monument shall be liable
to a penalty of not more than Ten pounds :
printing,
seiiUrepiicos,
*!, reiatinK'to
mithorityof
Provided that nothing in this section shall render liable—
(a) any person who prints or publishes any such
photograph unless he knows that such pho f ograph
is to be used for the purposes of advertisement or
to be sold; or
(b) any proprietor printer or publisher of a newspaper
for the printing publishing or sale of a newspaper
containing photographs or other matter relating
to the said monument.
National War
Memorial
Q. (1) Upon the day on which the trustees appointed committee to
i •
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•
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i
-i i i
11 •
p
i bo dissolved
under this Act or a maiontyl/ of them hold their first ami moneys
->
«'
and property
tho ,)f t o
meeting—
[<'.
O
,'
vest in and
(a) the body known as the National War Memorial I'S'^'iolL
Committee shall be hereby dissolved and the «»J™'™t»
members thereof shall go out of office ;
S"iSStccs"
(h)
\y)
n i l of tho Shrine of
c t u Remembrance.
«6
24 GEO. V.]
Shrine of Remembrance Site.
[No. 4130
(b) all moneys and other property held by the said body
shall be hereby transferred to and vest in the
trustees; and
(c) by virtue of this Act all rights and privileges of
the said body or any of the members thereof
under any contract or agreement entered into by
the said, body or any of the members thereof as
such with respect to the construction or erection
of the said monument shall be transferred to and
vest in the trustees and all liabilities or
obligations of the said body or any of the
members thereof under anv such contract or
agreement shall devolve upon and be performed
by the trustees.
Moneys due
or payable
loor liy
Committee
to become due
and payable
to or by
the trustees.
(2) Any moneys which on the said day are due or payable
to or by the said body or any of the members thereof as
such, or which but for this Act would subsequently have
become due or payable to or by the said body or any of
the members thereof as such shall be deemed to be due and
payable to or by the trustees and shall be paid accordingly.
SCHEDULES.
Preamble.
Section 3.
FIRST SCHEDULE.
Land permanently reserved as a Site for Public Pa,rk and Gardens by Order
in Council of 29/A September, 1873. (See "Government Gazette"
of 10th October, 1873, paye. 1775).
Two hundred and thirty-live acres, more or less, countv of Bourke,
city of Melbourne, being the laud comprised within the boundaries
hereinafter described, excepting the Observatory site and the land setapart tor the residence and grounds of tin; Governor:
Commencing on
Governor
the left bank of tlu Yarra-yarra River at the point where it is intersected
by a line; formed by the prolongation of the norfh-ea.st.orn side of
Swanston-strect ; thence by that line and the Saint .Kilda-road bearing
south-easterly t o the west angle of the land reserved for residence of the
Government Astronomer and his first assistant; thence by that land
bearing N. 62° 3' E. nine chains seventeen links and S. 27° 57' E. one
chain eighty-seven links ; thence by allotment A bearing N. G2° 3' E.
thirty-seven links and S. 27° 57' E. ten chains sixty-one links ; thence
by the Domain-road bearing easterly to Anderson's-road ; thence by
that road bearing northerly to the aforesaid river ; and thence by that
river downwards to the point of commencement.
SECOND
24 GEO. V.]
Shrine of Remembrance Site.
SECOND
[No. 4130
SCHEDULE.
b'7
Preamble.
Land permanently reserved as a Site for Public Park and Gardens by Order
in Council of 2nd December, 1012. (See "Government Gazette"
of 11th December, 1012, pa ye 5189).
Seven acres fourteen perches, county of Bourke, city of Melbourne,
being allotment A : Commencing at the intersection of the eastern side
of St. Kilda-road and the north, side of Domain-road ; hounded thence
by St. Kilda-road bearing north-westerly five chains sixty-eight links in
an arc of a circle whose centre lies sixteen chains seventy-nine links
north-easterly ; thence by a right-of-way bearing N. GO0 -17' E. seven
chains thirty-three links and N. 20° 13' W. thirty-eight links; thence
by the site temporarily reserved for the residence of the Government
Astronomer and his First Assistant, and by the existing site bearing
N. 60° '17' E. two .chains twenty-five links, and by the hitter site bearing
S. 29° 29' E. ten chains sixty-one links ; and thence by Domain-road
aforesaid bearing west nine chains sixty-one links and a half to the point
of commencement.
THIRD
SCHEDULE.
Preamble.
Section 3.
Land permanently reserved as an Extension of Site for Public Park and
Gardens by Order in Council of 24-/7* February, 1031. (See'' Government
Gazette "' of Mi ill arch, 1931, page 732).
One acre three roods thirty-nine and six-tenths perches, city of Melbourne, parish of Melbourne South, county of Bourke : Commencing at
a point bearing S. 00° 47' W. 37 links from the north angle of the Public
Park and Gardens Extension (Permanent), allotment A ; bounded thence
by the Public Park and Gardens Reserve bearing north-westerly one
hundred and eighty-seven links, and S. 00° 47' \V. nine hundred and
seventeen links;
by the St. Kilda-road bearing south-easterly two
hundred and eight links ; by the Public Park and Gardens Extension
bearing N. 60° 47' E. seven hundred and thirty-three links, N. 29° 13' W.
thirty-eight links, and N. 60° 47' E. two hundred and twenty-five links
to the commencing point.
FOURTH
SCHEDULE.
Land, comprising the Lands described in the Second, Third and Fifth Schedules,
to be reserved as a Site for a Monument known as the Shrine of
Remembrance.
• Thirtv-two acres seventeen perches, more or less, county of Bourke,
parish of Melbourne South, city of Melbourne : Commencing at a, point
bearing west sixteen chains twenty and seven-tenths links, and north
one chain from the junction of the south sulci of Domain-road and the
west side of Domain-street; bounded thenee by Domain-road, bearing
west nine chains ninety-three links .and north-westerly two chains thirty
and four-tenths links in an. a,re- of a circle whose centre lies three chains
north-easterly and with chord healing N. (io° W. two cliains twenty-four
and eight-tenths links ; by St. Kilda-road. bearing N. <J(i° W. eighty-two
links, north-westerly one chain forty and five-tenths links in an a,re of a
circle whose centre lies ten chains north-easterly and with chord bearing
N. 41° 58' 30" W. one chain forty and four-tenths links, N. 37° 57' W.
eighty-nine
Preamble.
Sections 4, 6, 7.
24 GEO. V.]
Shrine of Remembrance Site.
[No. 4130
eighty-nine and six-tenths links, nortli-westerly five chains sixty and twotenths links in an arc of a circle whose centre lies thirteen chains fifty links
north-easterly and with chord bearing N. 26° 3' 45" W. live chains fifty-six
and two-tenths links, north-westerly twenty chains fifty-six and six-tenths
links in an arc of a circle whose centre lies one hundred and one chains
north-easterly and with chord bearing N. 8° 20' .30" \Y\ twenty chains
fifty-three links, and N. 2° 30' W. ninety-four and eight-tenths links ; by
a road north-easterly two chains sixty-seven and nine-tenths links in an
arc of a circle whose centre lies nine chains twenty-six and six-tenths links
south-easterly and with chord bearing N. 28° 41/ E. two chains sixty-six
and seven-tenths links, south-easterly seventy-one and seven-tenths links
in an arc of a circle whose centre lies thirty-three and seven-tenths links
south-westerly and with chord bearing S. 82° 3' E. fifty-eight and ninctenths links, south-easterly three chains ninety-eight and two-tenths links
in an arc of a circle whose centre lies eight- chains thirty-five and six-tenths
links north-easterly with chord hearing S. 34° '14' E. three chains ninetyfour and four-tenths Hides, S. 48° 2.3' JO. four chains eight and five-tenths
links, south-easterly eight chains thirty-nine and nine-tenths links in an
arc of a circle whose centre; lies sixteen chains eighty-nine and four-tenths
links south-westerly and with chord bearing S. ,34° 9' JO. eight chains
thirty-one and two-tenths links, S. 19° 54' 10. eighty-six and nine-tenths
links, and south-easterly four chains thirty-two and four-tenths links in an
arc of a circle whose centre lies six chains sixty and six-tenths links northeasterly and with chord bearing S. ,38° 39' JO. four chains twenty-four and
seven-tenths links ; and thence by lines respectively south-easterly one
chain thirty-five and two-tenths links in an arc of a circle whose centre lies
eighty-five and nine-tenths links south-westerly and with chord bearing
S. 12° 19' 10. one, chain twenty-one and. seven-tenths links, S. 32° 40' W.
sixty-six and two-tenths links, southerly one chain sixty-two and fivetenths link's in an arc of a circle whose centre lies one chain fifty links
easteily and with chord bearing >S. 1° 43' 30" W. one chain fifty-four and
seven-tenths links, S. 29° 19' E. three chains seventy-six and eight-tenths
links, south two chains sixty-five and five-tenths links, and S. 29° 19' JO. six
chains twenty-nine and nine-tenths Jinks to the point of commencement.
FIFTH SCHEDULE.
Portion of the Land described in the First Schedule.
Twenty-three acres three and four-tenths perches, more or less, county
of Bourke, parish of Melbourne South, city of Melbourne : commencing at
a point bearing west sixteen chains twenty and seven-tenths links, and
north one chain from the junction of the south side of J3omain-road and
the west side of JJomain-street ; bounded thence by Uoniain-road bearing
west about one chain thirty links ; by lines hearing respectively N. 29° 29'
W. ten chains sixty-one links, S. (50° 47' AV. thirty-seven links, northwesterly one chain eighty-seven links, and S. 00° 47' AV. nine chains seventeen links ; by St. Jvilda-road north-westerly about one chain seventy
links in an arc of a circle whose centre lies thirteen chains fifty links northeasterly, again north-westerly twenty chains lifty-six and six-tenths links
in an arc of a circle whose centre lies one hundred and one chains northeasterly and with chord bearing N. 8° 20' 30" AV. twenty chains fifty-three
links, and N. 2° 30' W. ninety-four and eight-tenths links ; by a road
north-easterly two chains sixty-seven and nine-tenths links in an arc
of a circle whose centre lies nine chains twenty-six and six-tenths links
south-easterly
24 GEO. V.]
Shrine of Remembrance Site.
[No. 4130
south-easterly and with chord bearing N. 28° 41' E. two chains sixty-six and
seven-tenths links, south-easterly seventy-one and seven-tenths links in an
arc of a circle whose centre lies thirty-three and seven-tenths links southwesterly and with chord bearing S. 82° 3' E. lifty-eight and nine-tenths
links, south-easterly three chains ninety-eight and two-tenths links in an
arc of a circle whose centre lies eight chains thirty-five and .six-tenths links
north-easterly and with chord bearing H. 34° 44' E. three chains ninetyfour and four-tenths links, S. 48° 23' E. four chains eight and five-tenths
links, south-easterly eight chains thirty-nine and nine-tenths links in an
arc of a circle whose centre lies sixteen chains eighty-nine and tour-tenths
links south-westerly and with chord hearing B. 34° 9' K eight, chains
thirty-one and two-tenths links, S. 10° 51' E. eighty-six and nine-tenths
links, and south-easterly four chains thirty-two and four-tenths links in
an arc of a circle whose centre lies six chains sixty and six-tenths links
north-easterly and with chord bearing S. 38° 39' E. four chains twentyfour and seven-tenths links ; and thence by lines respectively south-easterly
one chain thirty-live and two-tenths links in an are of a circle whose centre
lies eighty-live and nine-tenths links south-westerly and with chord hearing
S. IT 19' E. one chain twenty-one and seven-tenths links, S. 32° 46' W.
sixty-six and two-tenths links, southerly one chain sixty-two and livetenths links in an arc of a circle whose centre lies one chain fifty links
easterly and with chord bearing B. 1° 43' 30" W. one chain fifty-four and
seven-tenths links, S. 29° 19' E. three chains seventy-six and eight-tenths
links, south two chains sixty-live and five-tenths links, and 8. 29° 19' E.
six chains twenty-nine and nine-tenths link's to the point of commencement.