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Legislative Assembly
 
QUEEN VICTORIA MARKET LANDS BILL

14 November 1996
Second Reading
TEHAN

 


                        QUEEN VICTORIA MARKET LANDS BILL
                                 Second reading

  Mrs TEHAN (Minister for Conservation and Land Management) -- I move:
  That this bill be now read a second time.
The Queen  Victoria  Market  is  situated  on  various  parcels  of  Crown  land
permanently reserved for market purposes and managed by the City of Melbourne by
virtue of Crown grants that restrict the use of the land to market purposes.
A  focus of government in the restructuring of municipalities was  to  ensure  a
concentration on core local government business.

With the City of Melbourne, one of the  unique matters for determination was the
future  management  and operation  of  the Queen  Victoria  Market. Although not
regarded  as a core activity of  council, it is one of  the prime commercial and
tourist  facilities within the city with significant heritage status.  Decisions
on  future  management  arrangements  needed  to  have regard  to  these issues,
together  with  the  desire to bring a much stronger business  emphasis  to  the
market's operation.
In January  1995  commissioners  of the  Melbourne  City Council  determined  to
establish  a  wholly  owned subsidiary (QVM Pty Ltd) to operate the  market.  In
supporting  this approach,  government  is now  required  to rearrange the  land
tenure situation by revoking permanent reservations and providing  for the grant
of the land to the City of Melbourne. The rights of stallholders and others with
an interest in the market will not be affected by the legislation.

The market site comprises two distinct parts, the area occupied by  the heritage
buildings and the car park. For the former area, consideration has been given to
the  substantial  capital  investment  effected  by council in refurbishing  the
historic market sheds, the provision of  a  new  food hall and revitalisation of
the meat market.
Given these  circumstances and in view of the fact that the  heritage fabric  of
the property is protected by its inclusion  on the Victorian Heritage  Register,
government  has  determined to  grant  the  land to  the  Melbourne City Council
without consideration and with its use restricted to market purposes.
Major redevelopment of the car  park area is proposed by council in the form  of
construction of a multi-deck, public-use car park.

Clearly this component of the market is not subjected  to the constraints of the
developed area  and  should be regarded as a commercial asset with sale effected
to the council at  market  value,  to  be  determined  by the Valuer-General. To
ensure  the area's continued  association and benefit  to  the market area,  the
grant will restrict  use  of  the  site  to  car  parking and municipal purposes
associated with the adjoining market.
Owing to the fact that the market site was used as a burial ground  from 1837 to
1917,  recent redevelopment by  council has required a  degree of sensitivity in
the  nature  and  location of  construction  works. Within the  area  subject to
redevelopment  was  a portion  of  the  burial  ground  used  by the  Aboriginal
community.

Although excavation works within the area of concern to the Aboriginal community
and  specifically the Wurundjeri  tribe  is governed by  the  provisions of  the
Commonwealth's Aboriginal  and Torres  Strait  Islander Heritage  Protection Act
1984, a more specific commitment  to  the  interests of the Wurundjeri tribe was
sought. This recognition will be provided in the  form  of an agreement pursuant
to the Commonwealth legislation and  Section 173 of the Planning and Environment
Act  1987,  the  parties to which will be the Wurundjeri tribe,  Melbourne  City
Council and the Minister for Planning.
I  now  turn to the particular  parts  of the bill.  The  bill  provides for the
revocation of  permanent reservations and the  closure of portions of  two roads
affecting the  Queen Victoria market site to facilitate the granting of the land
to the City of Melbourne.

Part 1 of the bill  sets  out  the purposes of the bill  and  provides  for  its
commencement. Clauses  3,4  and 5 provide  for  the revocation of  the permanent
reservations and Crown  grants  existing over the land and divests the land from
the City of Melbourne and vests it in the Crown.
Clause  6 provides  for the  closure of portions of Queen and Peel  Streets. The
portion of Queen Street to be closed is situated between the general market area
and the  meat and fish areas of  the market. The Peel  Street closure involves a
small strip of land that was set aside for use as a road along the eastern  side
of Peel Street. The area is now part of the market.
Clause 7  provides that the Governor in  Council, on  behalf of  the Crown,  may
grant  to the  City of  Melbourne the Queen Victoria market site, subject to any
terms and conditions that the Governor in Council may determine.


Page 1254
Clause 8 saves any existing leases over the site and clause 9 details the process for the Registrar-General and the Registrar of Titles to make the necessary amendments to the records of enrolment, any memorials and the titles register. Clause 10 repeals the various acts relating to the site namely, the Melbourne General Market Site Act 1877, the Melbourne Lands Exchange Act 1904 and the Melbourne General Market Lands Act 1917. I commend the bill to the house. Debate adjourned on motion of Ms GARBUTT (Bundoora). Debate adjourned until Thursday, 28 November.