Tuesday, September 9, 2008

Legal Status of the Edinburg Gardens

The Fitzroy (Edinburgh Gardens) Lands Act 1967

The Act
"Provides that the land thereby granted and the buildings for the time being thereon should be at all times thereafter maintained and used as and for a site for a public park and garden and offices and conveniences connected therewith and for no other purpose whatsoever".
Council has received le
gal advice that a library, may not be an allowable use under the crown grant, and that precedents show that Health Centres and exclusive clubs would definitely not be allowable under the existing crown grant if tested in a court of law.

Will the City of Yarra be so courageous as to attempt to get the State Government to change legislation to remove parts of Edinburgh Gardens from their 1883 Crown Grant?

Dance of defiance of the Yarra-bandini tribe

Picture by Clement Hodgkinson [1842?]
National Library of Australia http://nla.gov.au/nla.pic-an6617620